Rosy Gonsalves vs State Of Kerala
2023 Latest Caselaw 7305 Ker

WP(C) NO. 20996 OF 2023             1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
      TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                          WP(C) NO. 20996 OF 2023
PETITIONER/S:
          ROSY GONSALVES
          AGED 38 YEARS
          W/O. NIKESH JOSE, L.P.S.A, ST. MARY'S L.P SCHOOL
          VILAYANCODE, VILAYANCODE POST, KANNUR DISTRICT, PIN
          - 670501

               BY ADVS.
               POOVAMULLE PARAMBIL ABDULKAREEM
               K.N.KUMARASWAMY SARMA


RESPONDENT/S:
     1    STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

      2        DIRECTOR OF GENERAL EDUCATION
               OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
               JAGATHY, THIRUVANANTHAPURAM, PIN - 695014

      3        DISTRICT EDUCATIONAL OFFICER
               OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KANNUR,
               PIN - 670002

      4        ASSISTANT EDUCATIONAL OFFICER
               OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, MADAYI,
               KANUUR DISTRICT, PIN - 670358

      5        MANAGER
               ST. MARY'S L.P SCHOOL VILAYANCODE, VILAYANCODE POST,
               KANNUR DISTRICT-, PIN - 670501

               SMT.SURYA BINOY GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 20996 OF 2023                 2




                        P.V.KUNHIKRISHNAN, J
                    ---------------------------------------
                     W.P.(C.) No. 20996 of 2023
                     --------------------------------------
                 Dated this the 27th day of June, 2023


                                   JUDGMENT

The above writ petition is filed with following prayers :

"(i) To issue a writ of mandamus or any other appropriate writ or order or direction directing the 1st respondent to consider and pass final orders on Ext.P9 revision petition as expeditiously as possible with deeming provision.

ii) To issue a writ of certiorari to quash Exts.P2 & P4 and to set aside denial of approval in Ext. P1, as it is illegal and unjustifiable.

iii) To issue a writ of mandamus or any other appropriate writ or order or direction directing the 4 th respondent to approve the appointment of the petitioner as LPSA with effect from 04/06/2008 to 31/05/2011 and to disburse all consequential monitory benefits due to her forthwith.

iv) To declare that the petitioner is entitled to get approval to her post in the light of Ext. P7 judgment and Ext. P8 Government order.

v) To dispense with filing of translation of vernacular documents produced

vi) To mould and grant such other reliefs, as this Hon'ble Court shall deem just and proper in the interest of justice, including costs." [SIC]

2. When this writ petition came up for consideration,

the learned counsel for the petitioner submitted that the

petitioner will be satisfied if a direction is issued to the 1 st

respondent to consider Ext.P9 within a time frame deeming

that the Manager executed the bond in terms of GO (P) No.

10/10/Gen. Edn. Dated 12.01.2010.

3. Heard the learned Government Pleader also. No

notice is necessary to the 5th respondent at this stage and if the

5th respondent is aggrieved by any of the directions issued by

this Court, the 5th respondent is free to file a review petition

before this Court.

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

itself can be disposed of directing the 1 st respondent to

consider Ext.P9 revision with notice to the petitioner and the

5th respondent and also deeming that the bond in terms of GO

(P) No. 10/10/Gen. Edn. Dated 12.01.2010 is executed by the

Manager.

Therefore, this writ petition is disposed of with the

following directions :

1) The 1st respondent is directed to consider and pass

appropriate orders in Ext.P9 revision, after giving an

opportunity of hearing to the petitioner and the 5 th

respondent as expeditiously as possible, at any rate,

within four months from the date of receipt of a certified

copy of this judgment.

2) While deciding the matter, the 1st respondent will deem

that the 5th respondent executed the bond in terms of GO

(P) No. 10/10/Gen. Edn. dated 12.01.2010.

3) The petitioner will produce a certified copy of this

judgment along with a copy of this writ petition before the

1st respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 20996/2023

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 04/06/2008 ISSUED BY THE 5TH RESPONDENT

Exhibit P2 TRUE COPY OF THE ORDER NO. C/2444/08 K.

DIS. DATED 02/12/2008 ISSUED BY THE 4TH RESPONDENT

Exhibit-P3 TRUE COPY OF THE APPEAL PETITION DATED 12/12/2008 SUBMITTED BY THE 5TH RESPONDENT

Exhibit-P4 TRUE COPY OF THE ORDER NO. B6/11793/08 K.DIS. DATED 03/01/2009 ISSUED BY THE 3RD RESPONDEN

Exhibit-P5 TRUE COPY OF THE STAFF FIXATION ORDER NO.

D.DIS. /C/2446/08 DATED 24/10/2008 FOR THE YEAR 2008-09 ISSUED BY THE 4TH RESPONDENT

Exhibit-P6 TRUE COPY OF THE LETTER NO.60930/J2/G.EDN. DATED 25/10/2011 ISSUED BY THE 1ST RESPONDENT

Exhibit-P7 TRUE COPY OF THE JUDGMENT DATED 26/7/2017 IN W.A. NO. 2592/2015 PASSED BY THIS HON'BLE COURT

Exhibit-P8 TRUE COPY OF THE G.O(P)NO. 4/2021/G.EDN.

DATED 06/02/2021 ISSUED BY THE 1ST RESPONDENT

Exhibit-P9 TRUE COPY OF THE REVISION PETITION DATED 01/06/2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

Exhibit-P10 TRUE COPY OF THE JUDGEMENT DATED 05/06/2023 IN WP (C) NO.18069/2023 PASSED BY THIS HON'BLE COURT