Kerala High Court
Smitha.P.R vs The State Of Kerala on 23 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
WP(C) NO. 29992 OF 2021
PETITIONER:
SMITHA.P.R
AGED 36 YEARS
D/O.RAMAKRISHNAN, OFFICE ATTENDENT, ALA UPS, KOTHAPRAMBU,
THRISSUR DISTRICT-680 668 (RESIDING AT PANANGOTTU HOUSE,
P.O.ALA, KOTHAPRAMBU, THRISSUR-680 668).
BY ADVS.
T.T.MUHAMOOD
A.RENJIT
V.E.ABDUL GAFOOR
A.MOHAMMED SAVAD
NAZEER HUZAIN.H
T.R.VISHNU
RESPONDENTS:
1 THE STATE OF KERALA
REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 004.
2 THE DIRECTOR OF GENERAL EDUCATION,
DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM-695 001.
3 THE DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DEO, IRINJALAKKUDA,THRISSUR-680 121.
4 THE ASSISTANT EDUCATIONAL OFFICER
OFFICE OF THE AEO, KODUNGALLUR, THRISSUR-680 664.
5 THE MANAGER
ALA UPS, KOTHAPRAMBU, THRISSUR DISTRICT-680 668.
BY ADV ADVOCATE GENERAL OFFICE KERALA
OTHER PRESENT:
SMT.NISHA BOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.29992 of 2021 2
P.V.KUNHIKRISHNAN, J
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W.P.(C) No. 29992 of 2021
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Dated this the 23rd day of March, 2023
JUDGMENT
The above writ petition is filed with the following prayers:-
i. "Issue a writ of mandamus or any other appropriate writ, order or
direction, directing the respondents 1 to 4 to approve the
appointment of the petitioner as Office Attendant w.e.f 15.07.2021
on scale of pay basis and grant all the service benefits.
ii. Issue a writ of mandamus or any other appropriate writ, order or
direction, directing the respondents 1 to 4 to approve the
appointment of the petitioner as Office Attendant w.e.f 01.02.2020
and grant all the service benefits
iii. Issue a writ of certiorari or any appropriate writ, order or
direction, quashing Ext:P1 and P2 orders
And
Such other writ, order or direction as this Hon'ble Court may deem
fit in the facts and circumstances of the case."
[SIC]
2. The petitioner is working as Office Attendant in Ala UP School. She
was appointed as Office Attendant originally on 01.02.2020, against a retirement
vacancy. Before appointing the petitioner, one Smt.Likhi was intially appointed
on 01.04.2017 in that vacancy. The said appointment was not approved stating
that the school is uneconomic. As appointment was not approved Smt.Likhi left
the employment. Thereafter the Manager appointed the petitioner as Office
Attendant w.e.f 01.02.2020 on daily wages basis. However the 4th respondent as
per Ext.P1 order rejected the proposal for approval of appointment of the
petitioner, stating that the approval of the appointment of former appointee in
the said post has not been approved because it is an uneconomic school. The
appeal preferred was also rejected. Subsequently the petitioner was again
appointed as Office Attendant w.e.f 15.07.2021 as evident by Ext.P8. The
approval of that appointment was also rejected as per Ext.R4(b). In such
circumstances the petitioner filed this writ petition.
3. Heard the learned counsel for the petitioner and the learned
Government Pleader.
4. When this writ petition came up for consideration the learned
counsel for the petitioner submitted that the point raised in this writ petition is
covered in favor of the petitioner in the judgment dated 09.02.2021 in WP(C)
No.41575/2018 and it is also submitted that the above judgment is confirmed in
Writ Appeal No. 1435/2021. The learned counsel submitted that in the light of
the above judgment, the prayer in this writ petition may be allowed.
5. The learned Government Pleader submitted that the above judgment
relied on this writ petition is already challenged before the Apex Court by filing
a Special Leave Petition. The learned Government Pleader concede that there is
no interim order passed by the Apex Court.
6. This Court perused the judgment in WP(C)No.41575/2018 and Writ
Appeal No.1435/2021. After going through the facts in this case, I am of the
considered opinion that, point raised by the petitioner in this writ petition is
already considered by this Court in WP(C)No.41575/2018, which is confirmed
in Writ Appeal No.1435/2021. In such circumstances, the petitioner is entitled
the relief. The petitioner was reappointed on 15.07.2021 as per Ext.P8 order.
Ext.P8 appointment order is not approved as per Ext.R4(b). Therefore,
Ext.R4(b) can be set aside and the 4 th respondent can be directed to approve the
appointment of the petitioner w.e.f 15.07.2021. The learned counsel for the
petitioner submitted that the petitioner is working from 01.02.2020 onwards.
The petitioner can file a representation before the 4 th respondent for treating her
appointment from 01.02.2020 on daily wages basis and if such representation is
filed, the 4th respondent can be directed to consider that also within a time frame.
Therefore this writ petition is disposed of with the following directions;
(i) Ext.R4(b) is set aside. The 4th respondent is directed
to approve Ext.P8 order of appointment of the petitioner,
as expeditiously as possible, at any rate, within two
months from the date of receipt of a certified copy of
this judgment and also disburse the entire consequential
benefits to the petitioner there after.
(ii) The petitioner is free to submit a representation before
the 4th respondent for approving the appointment of the
petitioner from 01.02.2020 on daily wages basis within
three weeks from the date of receipt of a certified copy of
this judgment
(iii) One such a representation is received, the 4th
respondent will consider the same and pass appropriate
orders in it, after giving an opportunity of hearing to the
petitioner, as expeditiously as possible, at any rate, within
three months from the date of receipt of the
representation.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
AMR
APPENDIX OF WP(C) 29992/2021
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF ORDER NO.B/2494/20 DATED
02.08.2020 ISSUED BY THE 4TH RESPONDENT.
Exhibit P2 TRUE COPY OF ORDER NO.B1/192668/20 DATED
28.01.2021 ISSUED BY THE 3RD RESPONDENT.
Exhibit P3 TRUE COPY OF GO(MS)NO.28/21/G.EDN DATED
22.01.2021 ISSUED BY THE GOVERNMENT.
Exhibit P4 TRUE COPY OF STAFF FIXATION ORDER
NO.D.DIS-B/41185/2019 DATED 16.07.2019
ISSUED BY THE 4TH RESPONDENT.
Exhibit P5 TRUE COPY OF STATEMENT SHOWING THE DETAILS
OF STUDENTS AS ON 6TH WORKING DAY OF 2020-
Exhibit P6 TRUE COPY OF STATEMENT SHOWING THE DETAILS
OF STUDENTS AS ON 6TH WORKING DAY OF 2021-
Exhibit P7 TRUE COPY OF CIRCULAR NO.58604/J2/12/G.EDN
DATED 06.11.2012 ISSUED BY THE GOVERNMENT.
Exhibit P8 TRUE COPY OF APPOINTMENT ORDER DATED
15.07.2021 ISSUED BY THE 5TH RESPONDENT.
Exhibit P9 TRUE COPY OF GO(P)NO.259/2006/G.EDN DATED
12.10.2006.
Exhibit P10 TRUE COPY OF CIRCULAR NO.2589/J2/08/G.EDN
DATED 31.07.2008.
