Kerala High Court
Nija S vs The State Of Kerala on 1 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
WP(C) NO. 4806 OF 2022
PETITIONER/S:
NIJA S,AGED 38 YEARS
WIFE OF MANOJ KUMAR M, UPPER PRIMARY SCHOOL
ASSISTANT, ITHITHANAM HIGHER SECONDARY SCHOOL,
P.O MALAKUNNAM, CHANGANACHERRY, KOTTAYAM
DISTRICT-686 535, (RESIDING AT JANAKISADANAM,
MALLAPPUZHASSERRY, ARANMULA P.O, PATHANAMTHITTA
DISTRICT-689 533) (M-9048118632)
BY ADVS.
V.A.MUHAMMED
V.RAJASEKHARAN NAIR
RESPONDENT/S:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX
II, THIRUVANANTHAPURAM-695 001
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
NEAR VAYASKARAKUNNU, PULIMOODU JUNCTION, KOTTAYAM
686 001.
4 THE DISTRICT EDUCATIONAL OFFICER
NEAR THIRUNAKKARA TEMPLE, KOTTAYAM 686 001.
5 THE MANAGER,
ITHITHANAM HIGHER SECONDARY SCHOOL/ELAMKAVU LP
SCHOOL, ITHITHANAM, P.O. MALAKUNNAM,
CHANGANACHERRY, KOTTAYAM DISTRICT 686 535.
OTHER PRESENT:
SRI.K.M.FAISAL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.02.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-2-
W.P.(C). No. 4806 of 2022
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 4806 of 2022
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Dated this the 1st day of February, 2023
JUDGMENT
The above writ petition is filed with following prayers:
"(i) call for the records relating to Exhibits P-9 and P-12
and set aside the originals of the same by the issue of a
writ of certiorari or other mappropriate writ or order.
(ii) declare that Exhibits P-1 and P-4 appointments of the
Petitioner are legally valid and sustainable.
(iii) issue a writ of mandamus or other appropriate writ
order or direction commanding the Respondents to approve
the Exhibits P-1 and P-4 appointments of the Petitioner as
UPSA from 25.06.2007 to 14.07.2009 against the 13th post
of UPSA by allowing 13th and from 15.07.2009 against the
promotion vacancy of Smt. Asha K, post of UPSA as HST
as if the Manager has furnished the bond and disburse the
attendant benefits forthwith.
(iv) issue a writ of mandamus or other appropriate writ
order or direction commanding the 1st Respondent to
effectively consider and pass appropriate orders upon
Exhibit P-14 Revision Petition within a time frame after
affording an opportunity of being heard to the Petitioner.
W.P.(C). No. 4806 of 2022
(v) pass such other order or direction which this Hon'ble
Court may deem fit and proper to grant in the
circumstances of the case." (sic)
2. The petitioner was appointed as Upper Primary
School Assistant (UPSA) from 25.06.2007 onwards against an
anticipated additional vacancy during 2007-2008 in Ithithanam
Higher Secondary School. But this appointment was declined by
the DEO as per order dated 15.11.2007. The appeal preferred
thereon was also rejected. The petitioner was re-appointed as
UPSA from 01.06.2009 against a promotion vacancy of Smt.
Asha K, UPSA as HSA (PS) from 01.06.2009 in Ithithanam HSS.
But this appointment was also rejected by the DEO on the reason
that the appointment of the promote has not been approved and
hence vacancy is not established. The appeal preferred against
the same was also rejected. Against Exts.P9 and P10 the
petitioner preferred a revision before the 1 st respondent as evident
W.P.(C). No. 4806 of 2022
by Ext.P14. The grievance of the petitioner is that the same is not
considered.
3. Heard the counsel for the petitioner and the
Government Pleader.
4. After hearing both sides, I am of the opinion that this
writ petition itself can be disposed of directing the Government to
consider Ext.P14 within a time frame.
Therefore, this writ petition is disposed of in the following
manner:
1. The 1st respondent is directed to consider and pass
appropriate orders in Ext.P14, as expeditiously as
possible at any rate within four months from the date of
receipt of a copy of this judgment.
2. Before passing final orders, the 1 st respondent will
give an opportunity of hearing to the petitioner and other
affected parties, if any.
W.P.(C). No. 4806 of 2022
3 The petitioner will produce a certified copy of this
judgment together with a copy of this writ petition before
the 1st respondent for compliance.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(C). No. 4806 of 2022
APPENDIX OF WP(C) 4806/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 25.06.2007 ALONG
WITH TYPED COPY.
Exhibit P2 TRUE COPY OF THE ORDER NO.
B3/4898/07/L.DIS DATED 15.11.2007 OF
THE DEO, KOTTAYAM.
Exhibit P3 TRUE COPY OF THE ORDER NO. K.DIS
B4/740/2008 DATED 07.02.2008 OF THE
DDE, KOTTAYAM,
Exhibit P4 TRUE COPY OF THE APPOINTMENT OF THE
PETITIONER DATED 01.06.2009
Exhibit P5 TRUE COPY OF THE ORDER NO.
B2/4253/09/L.DIS DATED 02.12.2009 OF
THE DEO, KOTTAYAM.
Exhibit P6 TRUE COPY OF THE ORDER NO. K.
DIS/B4/1099/2010 DATED 15.02.2010 OF
THE DDE, KOTTAYAM.
Exhibit P7 TRUE COPY OF THE ORDER NO.
B3/11097/2011/K.DIS DATED 10.01.2012 OF
THE DEO, KOTTAYAM.
Exhibit P8 TRUE COPY OF THE G.O(RT) O.
1392/2021/G.EDN. DATED 11.02.2021 OF
THE GOVT.
Exhibit P9 TRUE COPY OF THE ORDER NO.
B3/20454/2021 DATED 21.11.2021 OF THE
DEO, KOTTAYAM.
Exhibit P10 TRUE COPY OF THE STAFF FIXATION ORDER
2006-2007 DATED 28.09.2006 OF THE DEO,
KOTTAYAM.
Exhibit P11 TRUE COPY OF THE ORDER NO.B3/20460/2021
DATED 20.09.2021 OF THE DEO, KOTTAYAM.
Exhibit P12 TRUE COPY OF THE ORDER NO.
B3/20453/2021/K.DIS. DATED 21.11.2021
OF THE DEO, KOTTAYAM.
Exhibit P13 TRUE COPY OF THE ORDER NO.
B3/20455/2021 DATED 21.09.2021 OF THE
DEO, KOTTAYAM.
W.P.(C). No. 4806 of 2022
Exhibit P14 TRUE COPY OF THE REVISION PETITION
SUBMITTED BEFORE THE GOVERNMENT DATED
30.12.2021.
