Kerala High Court
Seema M.R vs State Of Kerala on 24 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(C) NO. 10172 OF 2023
PETITIONER:
SEEMA M.R.,
AGED 47 YEARS,
W/O SAJEEV T., HST (MALAYALAM)
SV HIGHER SECONDARY SCHOOL, CLAPANNA (PO),
KOLLAM DISTRICT, PIN - 690 546
RESIDING AT: VALIYAVEETTIL KIZHAKATHIL, CLAPPANA
(PO) KARUNAGAPALLY, KOLLAM DISTRICT, PIN - 690 546.
BY ADVS.
R.REJI
M.V.THAMBAN
THARA THAMBAN
B.BIPIN
ARUN BOSE
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM,, PIN - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695 033.
3 THE DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
KOLLAM, PIN - 691 019.
4 THE DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KOLLAM,
KOLLAM DISTRICT, PIN - 691 013.
BY ADV GOVERNMENT PLEADER
SMT.SURYA BINOY, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.10172 of 2023 2
P.V.KUNHIKRISHNAN, J
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W.P.(C) No. 10172 of 2023
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Dated this the 24th day of March, 2023
JUDGMENT
The above writ petition is filed with the following prayers:-
i. To issue a declaration that the petitioner is entitled for approval
and salary as UPSA for the period from 05.06.2006 to 31.05.2011
and further as HST from 01.06.2022 onwards.
ii. To issue a writ of mandamus or any other appropriate writ, order
or direction, directing the respondents to approve the appointment
of the petitioner as UPSA for the period from 05.06.2006 to
31.05.2011 and further approve the appointment of the petitioner
as HST from 01.06.2022 at SV Higher Secondary School,
Clappana, Kollam District and to disburse all consequential
benefits.
iii. To dispense with the translation of vernacular documents.
iv. To issue such other further relief as this Hon'ble Court may deem
fit and proper in the facts and circumstances of this case.
2. The petitioner is working as High School Teacher at the SV Higher
Secondary School, Clappana, Kollam District. She is aggrieved because her
approval and salary for the period from 05.6.2006 to 31.05.2011 as UPSA has
been illegally withheld and further her promotion as HSA (Malayalam) w.e.f.
01.06.2022 against the retirement vacancy of Smt.K.Chandini, HSA
(Malayalam), has not been approved. The petitioner filed Ext.P1 revision before
the first respondent. The grievance of the petitioner is that the same is not
considered.
3. Heard the learned counsel for the petitioner and the learned
Government pleader.
4. After hearing both sides, I think this writ petition can be disposed of
directing the first respondent to consider and pass appropriate orders in Ext.P1
within a time frame.
Therefore this writ petition is disposed of with the following directions;
(i) The first respondent is directed to consider and pass
appropriate orders in Ext.P1 as expeditiously as possible, at any
rate, within four months from the date of receipt of a certified
copy of this judgment.
(ii) Before passing final orders, the first respondent will give an
opportunity of hearing to the petitioner.
(iii) The petitioner will produce a certified copy of this judgment
along with a copy of this writ petition before the first respondent
for compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
ak
APPENDIX OF WP(C) 10172/2023
PETITIONER'S EXHIBITS:-
Exhibit P1 TRUE COPY OF THE REVISION PETITION DATED
09.03.2023 FILED BY THE PETITIONER
