C.P.Sunanda vs State Of Kerala
2023 Latest Caselaw 964 Ker

WP(C) NO. 1570 OF 2023            1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                     WP(C) NO. 1570 OF 2023


PETITIONER/S:

          C.P.SUNANDA
          AGED 50 YEARS
          UPSA, W/O.C.N.RAVEENDRAN,
          K.T.M. HIGH SCHOOL,
          MANNARKKAD P.O., PALAKKAD DIST - 678582

          BY ADVS.
          GEORGE ABRAHAM
          JOBY D JOSEPH
          MARY CATHERINE PRIYANKA P.S.


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT,
          SECRETARIAT, THIRUVANANTHAPURAM - 695001

    2     DIRECTOR OF GENERAL EDUCATION
          JAGATHY, THIRUVANANTHAPURAM - 695014

    3     DEPUTY DIRECTOR OF EDUCATION
          PALAKKAD - 678001

    4     DISTRICT EDUCATIONAL OFFICER
          MANNARKKAD, PALAKKAD, PIN - 678582

    5     HEADMASTER
          K.T.M. HIGH SCHOOL,
          MANNARKKAD P.O., PALAKKAD DIST.
          PIN - 678582
 WP(C) NO. 1570 OF 2023                 2




     6       MANAGER
             K.T.M. HIGH SCHOOL,
             MANNARKKAD P.O., PALAKKAD DIST.
             PIN - 678582


             SMT. NISHA BOSE, SR. GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   17.01.2023,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 1570 OF 2023                     3




                                 JUDGMENT

This writ petition is filed seeking to quash Ext.P4 order issued by the

DDE to the extent that it directs the petitioner to produce the order of

approval granted with effect from 2.06.2004 and further to quash Exts.P5 and

P6 orders.

2. Sri. George Abraham, the learned counsel appearing for the petitioner

submits that the petitioner had approved appointment for the period from

22.6.2000 to 30.11.2004 and it was while he was working that he was offered

appointment as per Ext.P2 order. The learned counsel submits that he has

been paid salary all these years on the basis of the order of approval. After

about 18 years, the audit department, while conducting routine inspection,

came to the conclusion that the approval of appointment of the petitioner was

not affixed in the service records. The learned counsel asserts that challenging

the orders issued by the authorities the petitioner has preferred Ext.P7

revision petition before the 1st respondent. Learned counsel requested that

direction be issued to the 1st respondent for an expeditious consideration of

Ext.P7 and also prays that until orders are passed on the revision petition

Exts.P5 and P6 be kept in abeyance.

3. I have heard Smt. Nisha Bose, the learned Senior Government

Pleader who points out that the petitioner was bound to produce the order

granting approval. It is further submitted that the said order has not been

produced before this Court as well.

4. In view of the order that I propose to pass, notice to respondents 5

and 6 is dispensed with.

5. Having considered the facts and circumstances, I am of the view that

as the statutory revision petition is pending before the 1st respondent the

same can be ordered to be considered.

a) There will be a direction to the 1st respondent to take up,

consider and pass appropriate orders on Ext.P7 after affording an

opportunity of being heard, either physically or virtually, to the

petitioner herein or her authorized representative and the

respondents 5 and 6.

b) Orders, as directed above, shall be passed expeditiously,

in any event, within four months from the date of production of a

copy of this judgment.

c) It would be open to the petitioner to produce a copy of

the writ petition along with the judgment before the concerned

respondent for further action.

d) Until orders are passed on the revision petition,

proceedings pursuant to Exts.P5 and P6 shall be kept in

abeyance.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE NS

APPENDIX OF WP(C) 1570/2023

PETITIONER(S) EXHIBITS :

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER SHOWING APPROVAL OF APPOINTMENT OF THE PETITIONER AS UPSA FROM 22.06.2000 TO 30.11.2004 Exhibit P2 TRUE COPY OF THE PROCEEDINGS OF THE MANAGER K.T.M. HIGH SCHOOL, MANNARKKAD Exhibit P3 TRUE COPY OF THE GOVERNMENT ORDER NAMELY GO(MS)NO.275/99/G.EDN. DATED 09.01.1999 Exhibit P4 TRUE COPY OF THE COMMUNICATION ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD DATED 18.02.2022 ALONG WITH THE AUDIT REPORT Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED 29.12.2022 SENT BY THE DISTRICT EDUCATIONAL OFFICER Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED 06.01.2023 ISSUED BY THE HEADMASTER OF THE SCHOOL Exhibit P7 TRUE COPY OF THE REVISION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 10.01.2023

RESPONDENT(S) EXHIBITS : NIL