Sujina P K vs State Of Kerala
2023 Latest Caselaw 7673 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
                   WP(C) NO. 22965 OF 2023
PETITIONER:

          SUJINA P K
          AGED 31 YEARS
          W/O. THEJES V P, UPST, VALAYAM UP SCHOOL,
          VALAYAM POST, KOZHIKODE DISTRICT, PIN - 673517
          BY ADVS.
          POOVAMULLE PARAMBIL ABDULKAREEM
          K.N.KUMARASWAMY SARMA

RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    2     DIRECTOR OF GENERAL EDUCATION
          OFFICE OF DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
    3     DISTRICT EDUCATIONAL OFFICER
          OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
          VADAKARA, KOZHIKODE DISTRICT, PIN - 673101
    4     ASSISTANT EDUCATIONAL OFFICER
          OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
          NADAPURAM, KOZHIKODE DISTRICT, PIN - 673504
    5     MANAGER
          VALAYAM UP SCHOOL, VALAYAM POST, KOZHIKODE
          DISTRICT, PIN - 673517
          ADV.NISHA BOSE, SR GP



    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.07.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C).No.22965 /2023

                                   2




                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(C).No.22965 of 2023
              ----------------------------------------------
             Dated this the 14th day of July, 2023


                            JUDGMENT

This writ petition is filed with following prayers:

I. To issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to consider and pass appropriate orders on Ext.P9 revision petition adverting Exits. P6 to P8 as expeditiously as possible. II. To issue Writ of Certiorari or other appropriate writ or Order to quash Exts.P3, & P4 as they are illegal and unjustifiable III. To issue a writ of mandamus or any other appropriate writ, order or direction directing the 4th respondent to approve the appointment of the petitioner as UPST from 04/07/2019 onwards and to disburse all consequential benefits due to her forthwith.

IV. To declare that the petitioner is entitled to get approval from the date of her appointment in the light of Judgment dated 13/03/2023 in W.A. No.445/2023 (Ext.P8) and connected cases and in WP(C).No.22965 /2023

the light bond executed by the Manager. V. To dispense with filing of translation of vernacular documents.

VI. To grant such other relief which this Hon'ble Court deems fit and necessary in the interest of justice.

(SIC)

2. When this writ petition came up for consideration,

the counsel for the petitioner submitted that the petitioner will

be satisfied if a direction is issued to the 2 nd respondent to

consider Ext.P9 revision within a time frame, adverting to

Exts.P6 to P8.

3. Heard the learned Government Pleader also.

4. After hearing both sides, I think this writ petition

itself can be disposed of directing the 2nd respondent to

consider Ext.P9 within a time frame.

Therefore, this writ petition is disposed of in the

following manner:

1. The 2nd respondent is directed to consider and

pass appropriate orders in Ext.P9, after

affording an opportunity of hearing to the

petitioner and the 5th respondent, as WP(C).No.22965 /2023

expeditiously as possible, at any rate, within

three months from the date of receipt of a

stamped certified copy of this judgment.

2. While deciding the matter, the 2nd respondent

will also consider the applicability of Exts.P6 to

P8.

3. The petitioner will produce a stamped certified

copy of this judgment along with a copy of this

writ petition with exhibits before the 2nd

respondent for compliance.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.22965 /2023

APPENDIX OF WP(C) 22965/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION FOR APPOINTMENT APPROVAL DATED 04/07/2019 SUBMITTED THROUGH SAMANWAYA ISSUED BY THE 5TH RESPONDENT Exhibit P2 TRUE COPY OF THE STAFF FIXATION ORDER NO. D.DIS. D/48024/2019 DATED 17/07/2019 ISSUED BY THE 4TH RESPONDENT Exhibit P3 TRUE COPY OF THE ORDER NO.

D/14361/2019 DATED 15/12/2019 ISSUED BY THE 4TH RESPONDENT Exhibit P4 TRUE COPY OF THE ORDER NO.

B5/190509/2019 DATED 10/10/2020 ISSUED BY THE 3RD RESPONDENT Exhibit P5 TRUE COPY OF THE APPLICATION FOR APPOINTMENT APPROVAL DATED 15/07/2021 SUBMITTED BY THE 5TH RESPONDENT THROUGH SAMANWAYA Exhibit P6 TRUE COPY OF THE LETTER NO.

H(2)/19500/2019/DGE DATED 06/09/2021 ISSUED BY THE 2ND RESPONDENT Exhibit P7 TRUE COPY OF THE G.O(P)NO.19/2021/GEDN DATED 08/11/2021 ISSUED BY THE 1ST RESPONDENT Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 13/03/2023 IN W.A.NO.445/2023 AND CONNECTED CASES ISSUED BY THIS HON'BLE COURT Exhibit P9 TRUE COPY OF THE REVISION PETITION DATED 03/07/2023 SUBMITTED BY THE PETITIONER