Saritha R vs State Of Kerala
2023 Latest Caselaw 8259 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                         WP(C) NO.24948 OF 2023
PETITIONER :-

             SARITHA R., AGED 39 YEARS
             W/O.LATE BIJU K., RESIDING AT KURUMBANICKAL,
             PANAYIL P.O., NOORNAD, PIN - 690 504,
             LAB ASSISTANT, PADANILAM HSS, NOORNAD,
             PIN - 690 529.

             BY ADVS.
             BENOY THOMAS
             PAULSON THOMAS


RESPONDENTS :-

     1       STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO GOVERNMENT,
             GENERAL EDUCATION DEPARTMENT,
             GOVERNMENT SECRETARIAT, ANNEX-II,
             THIRUVANANTHAPURAM, PIN - 695 001.

     2       THE DIRECTOR OF GENERAL EDUCATION
             DIRECTORATE OF GENERAL EDUCATION DEPARTMENT,
             GOVERNMENT OF KERALA, JAGATHY, THIRUVANANTHAPURAM,
             PIN - 695 005.

     3       REGIONAL DEPUTY DIRECTOR
             HIGHER SECONDARY EDUCATION, CHENGANNUR,
             ALAPPUZHA DISTRICT, PIN - 689 121.

     4       MANAGER
             PADANILAM HSS, NOORNAD, PIN - 690 529.

             SMT.SURYA BINOY, SR.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   01.08.2023,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.24948 OF 2023

                                   -: 2 :-


                                 JUDGMENT

Dated this the 1st day of August, 2023

This writ petition is filed seeking the following reliefs :-

"(i) issue a writ of certiorari or any other appropriate writ, direction or order quashing Exhibit P7.

(ii) issue appropriate directions directing the 3rd respondent to approve Exhibit P6(a) appointment of the petitioner as per Exhibit P6 proposal w.e.f.01-09-2022 the date of appointment as Lab Assistant against the resultant vacancy of Lab Assistant of the deceased husband of the petitioner treating the post as regular post in the cadre or even as supernumerary post and pay salary and other allowances admissible to the post of Lab Assistant w.e.f.01-09-2022.

(iii) declare that petitioner is entitled for compassionate appointment as per Exhibit P4 G.O. r/w Exhibit P5 scheme in the 4th respondent's school against suitable vacancies arises after the date of death of her late husband i.e. 30-04-2022 who was working as Lab Assistant."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner

that the petitioner is the widow of Sri.Biju K., who died on

30.4.2022 while working as Lab Assistant in the 4 th respondent's

school. The petitioner was appointed as Lab Assistant by Ext.P6(a) WP(C) NO.24948 OF 2023

by the 4th respondent. By Ext.P7 order, the 3rd respondent has

rejected approval on the ground that the post against which the

petitioner's husband was working was a supernumerary post and

therefore, the appointment cannot be approved. The petitioner has

preferred Ext.P8 revision petition as against Ext.P7 order and seeks

a consideration thereof.

Having heard the learned Government Pleader also,

there will be a direction to the 1 st respondent to take up, consider

and pass orders on Ext.P8 revision petition preferred by the

petitioner with notice to the petitioner as well as the 4 th respondent

and after hearing them. Appropriate orders shall be passed within

a period of four months from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/1.8.2023 WP(C) NO.24948 OF 2023

APPENDIX OF WP(C) 24948/2023

PETITIONER EXHIBITS :-

Exhibit-P1 TRUE COPY OF THE DEATH CERTIFICATE OF LATE BIJU K. ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, KOCHI CORPORATION DATED 16-05-2022.

Exhibit-P2 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED BY THE TAHASILDAR AND EXECUTIVE MAGISTRATE, MAVELIKKARA NO. K.DIS. 5835/2022/C1 DATED 01-09-2022.

Exhibit-P3 TRUE COPY OF THE APPROVAL ORDER OF LATE SRI.

BIJU K. AS LAB ASSISTANT APPROVED W.E.F. 11-08- 2004 WITH NO. 9453/C8/2016/RDD/CNGR DATED 13- 01-2017.

Exhibit-P4 TRUE COPY OF G.O.(MS)NO. 144/2003/ G.EDN. DATED 02-06-2003.

Exhibit-P5 TRUE COPY OF G.O.(P)NO. 12/1999/ P&ARD DATED 24-05-1999.

Exhibit-P6 TRUE COPY OF THE PROPOSAL DATED 06-09-2022.

Exhibit-P6(a) TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER AS LAB ASSISTANT DATED 01-09-2022.

Exhibit-P6(b) TRUE COPY OF THE STATEMENT OF CHANGE OF STAFF ISSUED BY THE MANAGER AND APPENDED TO EXHIBIT- P6.

Exhibit-P6(c) TRUE COPY OF THE DECLARATION ISSUED BY THE MANAGER APPENDED WITH EXHIBIT-P6 DATED 01-09- 2022.

Exhibit-P7 TRUE COPY OF THE ORDER NO.

6024/C8/2022/RDD/CNGR DATED 30-01-2023 ISSUED BY THE 3RD RESPONDENT.

Exhibit-P8 TRUE COPY OF THE REVISION PETITION/ REPRESENTATION FILED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 10-07-2023. WP(C) NO.24948 OF 2023

Exhibit-P9 TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.

35600/2007 DATED 15-10-2015.

Exhibit-P10 TRUE COPY OF THE RELEVANT PORTION OF G.O.

(MS)NO. 18/1991/G.EDN. DATED 01-02-1991.

Exhibit-P11 TRUE COPY OF THE STAFF FIXATION ORDER OF THE 4TH RESPONDENT'S SCHOOL I.E. ORDER NO. 6698/C8/RDD/CNGR DATED 11-04-2019 ISSUED BY THE 3RD RESPONDENT.