The Manager (E.A. Sugatha Kumar) vs The State Of Kerala
2023 Latest Caselaw 6765 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
                    WP(C) NO. 19910 OF 2023
PETITIONER/S:
          THE MANAGER (E.A. SUGATHA KUMAR)
          AGED 62 YEARS
          S N V U P SCHOOL, P.O. THALIKULAM, THRISSUR
          DISTRICT, PIN - 680569
          BY ADV V.A.MUHAMMED
RESPONDENT/S:

    1       THE STATE OF KERALA
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
            GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE
            II, THIRUVANANTHAPURAM, PIN - 695001
    2       THE ASSISTANT EDUCATIONAL OFFICER
            VALAPPAD, THRISSUR DISTRICT, PIN - 680567
    3       SMT. P.U. LEKSHMI
            LOWER PRIMARY SCHOOL TEACHER (LPST), S N V U P
            SCHOOL, P.O. THALIKULAM, THRISSUR DISTRICT, PIN -
            680569
    4       SMT. V M HARITHA
            LOWER PRIMARY SCHOOL TEACHER (LPST), S N V U P
            SCHOOL, P.O. THALIKULAM, THRISSUR DISTRICT, PIN -
            680569
    5       SMT. K P SMRUTHY
            LOWER PRIMARY SCHOOL TEACHER (LPST), S N V U P
            SCHOOL, P.O. THALIKULAM, THRISSUR DISTRICT, PIN -
            680569
OTHER PRESENT:

            SMT.NISHA BOSE, SR.GP
     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   20.06.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 19910 of 2023



                              P.V.KUNHIKRISHNAN, J.
                             ======================================================

                               W.P.(C) No. 19910 of 2023
                         =============================================================

                       Dated this the 20th day of June, 2023

                                           JUDGMENT

The above writ petition is filed with following prayers:

"(i) issue a writ of mandamus or other appropriate writ, order or direction commanding the 2 nd Respondent to grant approval to Exhibits P-1 to P-3 forthwith.

(iii) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.

(ii) to dispense with filing of English translation of vernacular documents produced along with the Writ Petition." (sic)

2. The main grievance of the petitioner is that the proposal

for approving the appointments made as per Exts.P1 to P3 is not

considered by the 2nd respondent.

3. Heard the counsel for the petitioner and the Government

Pleader. No notice is necessary to respondents 3 to 5 at this stage and

W.P.(C). No. 19910 of 2023

if they are aggrieved by any of the directions issued in this judgment,

they are free to file a review petition.

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

can be disposed of directing the 2nd respondent to consider the

proposal for approval based on Exts.P1 to P3 appointment orders

within a time frame. The counsel for the petitioner submitted that,

while directing the 2nd respondent to consider the same, he may also

be directed to consider Exts.P8 and P9.

Therefore, this writ petition is disposed of in the following

manner:

1. The 2nd respondent is directed to consider and pass

appropriate orders in the proposal for approval of the

appointments covered by Exts.P1 to P3, as expeditiously as

possible, at any rate, within two months from the date of

receipt of a certified copy of this judgment.

2. While deciding the matter, the 2nd respondent will also

consider Exts.P8 and P9.

W.P.(C). No. 19910 of 2023

3. If any additional documents are necessary, the 2nd

respondent is free to call for the same from the petitioner,

within the abovementioned period itself.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 19910 of 2023

APPENDIX OF WP(C) 19910/2023

PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE 3RD RESPONDENT DATED 06.06.2019 Exhibit P-2 TRUE COPY OF THE APPOINTMENT ORDER OF THE 4TH RESPONDENT DATED 15.07.2021 Exhibit P-3 TRUE COPY OF THE APPOINTMENT ORDER OF THE 5TH RESPONDENT DATED 15.07.2021 Exhibit P-4 TRUE COPY OF THE G.O. (P) NO.

3/2019/G.EDN. DATED 28.02.2019 Exhibit P-5 TRUE COPY OF THE CIRCULAR NO.

J2/57/2019/G.EDN. DATED 08.03.2019 Exhibit P-6 TRUE COPY OF THE G.O. (MS.) NO.

29/2023/GEDN DATED 24.03.2023 Exhibit P-7 TRUE COPY OF THE CIRCULAR NO.

H2/295299/2021/DGE DATED 16.05.2023 Exhibit P-8 TRUE COPY OF THE LETTER DATED 18.05.2023 OF THE MANAGER ADDRESSED TO THE AEO. VALAPPAD Exhibit P-9 TRUE COPY OF THE REQUISITION SENT TO THE SUB REGIONAL EMPLOYMENT OFFICER ALONG WITH ANNEXURE II AND THE ACKNOWLEDGEMENT CARD DATED 10.05.2023