Preethi C.P vs State Of Kerala
2023 Latest Caselaw 2691 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                        WP(C) NO. 11235 OF 2022
PETITIONER:

          PREETHI C.P.,
          AGED 43 YEARS
          W/O. NARAYANAN KUTTY C.P., NEAR DIARY STOP,
          KURUMATHUR (P.O.), VIA KARIMBAM, KANNUR 670 142.
          BY ADVS.
          KALEESWARAM RAJ
          VARUN C.VIJAY
          THULASI K. RAJ


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL
          EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM 695 001.
    2     DIRECTOR OF GENERAL EDUCATION,
          DIRECTORATE OF GENERAL EDUCATION, JAGATHI,
          THIRUVANANTHAPURAM 695 014.
    3     DEPUTY DIRECTOR OF EDUCATION,
          OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
          KANNUR 670 002.
    4     DISTRICT EDUCATIONAL OFFICER,
          THALIPARAMBA, KANNUR DISTRICT 670 142.
    5     THE MANAGER,
          SEETHI SAHIB HIGHER SECONDARY SCHOOL,
          THALIPARAMBA, KANNUR 670 142.
    6     RAYIS,
          HAS (HINDI), SEETHI SAHIB HIGHER SECONDARY SCHOOL,
          THALIPARAMBA, KANNUR 670 142.
          BY ADV ADVOCATE GENERAL OFFICE KERALA


OTHER PRESENT:

          SMT. NISHA BOSE SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11235 OF 2022
                                    2



              P.V.KUNHIKRISHNAN, J.
           ===================
            WP(C) No. 11235 OF 2022
           ===================
       Dated this the 1st day of March 2023


                         JUDGMENT

The above writ petition is filed with the following

prayers;

" i. To issue a writ of certiorari quashing Exhibit P8 as unjust, illegal, arbitrary and unsustainable;

ii. To declare that the petitioner is entitled to get her appointment approved as H.S.A. (Hindi) on regular basis w.e.f. 01.06.2010 or atleast from 01.06.2011 to 28.09.2012 with consequential benefits, including salary;

iii. To declare that the petitioner is entitled to be reappointed as H.S.A. (Hindi) as Seethi Sahib Higher Secondary School, Thaliparamba w.e.f. 01.06.2016 as a Rule 51A claimant and that appointment of the 6th respondent as H.S.A (Hindi) in the year 2016 is liable to be cancelled;

iv. To issue a writ of mandamus directing the 5 th respondent to issue appointment order appointing the petitioner as H.S.A. (Hindi) on regular basis w.e.f.

01.06.2010 or atleast from 01.06.2011 to 29.09.2012 in WP(C) NO. 11235 OF 2022

the school and also to submit request before the 4 th respondent for approval of appointment of the petitioner w.e.f. 01.06.2010 or atleast from 01.06.2011 to 28.09.2012 as H.S.A. (Hindi) at Seethi Sahib Higher Secondary School;

v. To issue a writ of mandamus directing the 4 th respondent to pass orders approving the appointment of the petitioner as H.S.A. (Hindi) w.e.f. 01.06.2010 or atleast from 01.06.2011 to 28.09.2012 on regular basis with monetary benefits and to disburse the salary for the above said period to the petitioner, immediately;

vi. To issue a writ of mandamus directing the 1 st respondent to consider and pass orders on Exhibit P9 revision petition submitted by the petitioner within a reasonable time fixed by this Hon'ble Court after hearing the petitioner. " (SIC)

2. The petitioner is working at St. Paul's English

Medium School, Thaliparamba in Kannur District. She was

initially appointed as H.S.A. (Hindi) w.e.f. 01.06.2010 on

daily wage basis in the leave vacancy of one Smt. Gopika

K.K. It is the case of the petitioner that, she was paid salary

on daily wages from 01.06.2010 onwards. It is submitted

that, even though the petitioner was appointed in the above

said post w.e.f. 01.06.2010, her appointment order was not WP(C) NO. 11235 OF 2022

submitted for approval before the 4 th respondent. It is also

submitted that, the appointment order for the period from

01.06.2011 to 31.12.2011, that too on daily wage basis,

was submitted before the 4th respondent for approval. In

furtherance of the same, the 4 th respondent approved the

appointment of the petitioner for the period from

01.06.2011 to 23.12.2012 on daily wages. It is the case of

the petitioner that, she submitted several requests for

approval of her appointment as H.S.A (Hindi) on regular

basis w.e.f. 01.06.2010 and from 01.06.2011 to 28.09.2012,

with all consequential benefits. It is further submitted that,

the 5th respondent had only submitted the appointment

order of the petitioner as H.S.A (Hindi) w.e.f. 01.06.2011 to

31.12.2011 for approval. The appointment order for the

period from 01.06.2010 to 28.09.2012 on regular basis was

not submitted by the 5th respondent before the 4 th

respondent for approval. It is the case of the petitioner that,

such an action by the 5th respondent is unjust, arbitrary and

illegal. Subsequently, the petitioner was issued with Ext. P8

order by the 4th respondent rejecting her request for WP(C) NO. 11235 OF 2022

approval and fixation of the pay as H.S.A. (Hindi). According

to the petitioner, she is duly eligible to get her appointment

approved as H.S.A. (Hindi) w.e.f. 01.06.2011 to 28.09.2012,

if not from 01.06.2010. Aggrieved by Ext.P8, the petitioner

filed a revision before the 1st respondent as evident by

Ext.P9. The grievance of the petitioner is that the same is

also not considered. Hence, this writ petition is filed.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader. No notice is necessary to

respondent Nos. 5 and 6 at this stage.

4. Admittedly, a revision is pending before the 1 st

respondent against Ext.P8 order. I think, there can be a

direction to the 1st respondent to consider that, with notice

to the petitioner and respondent Nos. 5 and 6 within a time

frame.

Therefore, this writ petition is disposed of, with the

following directions;

i. The 1st respondent is directed to consider and

pass appropriate orders in Ext.P9 revision, as expeditiously

as possible, at any rate, within a period of four months from WP(C) NO. 11235 OF 2022

the date of receipt of a copy of this judgment with notice to

the petitioner and the respondent Nos. 5 and 6 in this writ

petition.

ii. The petitioner will produce a certified copy of this

judgment, along with a copy of this writ petition before the

1st respondent for compliance.

iii. The petitioner is free to produce additional

documents before the 1st respondent at the time of hearing.

Sd/-

P.V.KUNHIKRISHNAN

JUDGE LU WP(C) NO. 11235 OF 2022

APPENDIX OF WP(C) 11235/2022

PETITIONER EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE RELEVANT PART OF THE APPOINTMENT ORDER DATED 01.06.2011 ISSUED BY THE 5TH RESPONDENT APPOINTING THE PETITIONER AS H.S.A. (HINDI), W.E.F. 01.06.2011.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 03.06.2015 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 29.07.2015 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 21.10.2015 ISSUED BY TE 4TH RESPONDENT. EXHIBIT P5 TRUE COPY OF THE LETTER DATED 02.06.2016 ISSUED BY THE STATE INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE 4TH RESPONDENT ALONG WITH THE LETTER DATED 27.11.2015 ISSUED BY THE 5TH RESPONDENT. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 28.06.2016 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 05.07.2021 IN WPC 24674/2016 PASSED BY THIS HON'BLE COURT.

EXHIBIT P8 TRUE COPY OF THE ORDER NO.

BI/3891/21/KI,DIS DATED 08.12.2021 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE REVISION PETITION DATED 14.03.2022 SUBMITTED BY THE PETITIONER.

             //   True Copy   //       PA To Judge