V.M.Sujitha vs State Of Kerala
2023 Latest Caselaw 4203 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                    WP(C) NO. 11202 OF 2023
PETITIONER/S:

            V.M.SUJITHA, AGED 49 YEARS
            W/O LATE VINOD G. HST (MATHS), AMRITHA SANSKRIT
            HIGHER SECONDARY SCHOOL PARIPPALLY, KOLLAM
            (RESIDING AT VRINDAVAN, NADAKKAL, ADUTHALA P.O -
            691 579), PIN - 691574
            BY ADVS.
            V.A.MUHAMMED
            M.SAJJAD
            P.A.JENZIA
RESPONDENT/S:

    1       STATE OF KERALA
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
            GENERAL EDUCATION DEPARTMENT SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001
    2       THE DIRECTOR OF GENERAL EDUCATION,
            JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
    3       THE DEPUTY DIRECTOR OF EDUCATION,
            KOLLAM AT THEVALLY, PIN - 691009
    4       THE DISTRICT EDUCATIONAL OFFICER,
            KOLLAM DISTRICT, PIN - 691013
    5       THE MANAGER,
            AMRITHA SANSKRIT HIGHER SECONDARY SCHOOL,
            PARIPPALLY, KOLLAM DISTRICT, PIN - 691574
OTHER PRESENT:

            SMT.SURYA BINOY, SR.GP
     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   31.03.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                       2-
W.P.(C). No. 11202 of 2023



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

                              W.P.(C) No. 11202 of 2023
                         =============================================================

                    Dated this the 31st day of March, 2023

                                          JUDGMENT

The above writ petition is filed with following prayers:

"(i) declare that the Petitioner is entitled to get approval to her appointment from 01.06.2009 onwards and consequential benefits.

(ii) issue a writ of mandamus or other appropriate writ order or direction commanding the Respondents to approve the appointment of the Petitioner from 01.06.2009 as UPSA and disburse the attendant benefits forthwith.

(iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondent to take a decision on Exhibit P-6 with notice to the Petitioner and in a time bound manner.

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

(v) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case." (sic) 3-

W.P.(C). No. 11202 of 2023

2. When this writ petition came up for consideration the

counsel for the petitioner submitted that the petitioner will be

satisfied if a direction is issued to the 1 st respondent to consider

Ext.P6, within a time frame, deeming that the manager executed

bond in tune with GO(P) No.10/10/G.Edn dated 12.01.2010.

3. Heard the Government Pleader also. No notice is

necessary to the 5th respondent at this stage. If the 5th respondent

is aggrieved by any of the directions issued by this Court, the 5 th

respondent is free to file a review petition before this Court.

4. After hearing the counsel for the petitioner and the

Government Pleader, I am of the opinion that this writ petition

itself can be disposed of directing the 1st respondent to consider

Ext.P6 within a time frame with notice to the petitioner and the

manager. There can also be a direction to the 1st respondent to

deem that the bond is executed by the manager in the light GO(P)

No.10/10.

4-

W.P.(C). No. 11202 of 2023

Therefore, this writ petition is disposed of in the following

manner:

1. The 1st respondent is directed to consider and pass appropriate orders in Ext.P6, as expeditiously as possible, at any rate within four months from the date of receipt of a stamped certified copy of this judgment.

2. Before passing final orders, the 1st respondent will give an opportunity of hearing to the petitioner and the 5th respondent.

3. The 1st respondent will also deem that the 5th respondent executed the bond in terms of GO(P) No.10/10/G.Edn dated 12.01.2010.

4. The petitioner will produce a stamped certified copy of this judgment together with a copy of this writ petition before the 1st respondent for compliance.

sd/-

P.V.KUNHIKRISHNAN JUDGE das 5-

W.P.(C). No. 11202 of 2023

APPENDIX OF WP(C) 11202/2023

PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER AS UPSA DATED 01.06.2009 Exhibit P-2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER AS UPSA DATED 01.06.2010 Exhibit P-3 TRUE COPY OF THE JUDGMENT IN W.A. NO.

2290/2015 DATED 25.07.2017 Exhibit P-4 TRUE COPY OF THE JUDGMENT IN W.A.NO.2091/2018 DATED 28.06.2019 Exhibit P-5 TRUE COPY OF THE GOVERNMENT LETTER NO.60930/J2/11/G.EDN DATED 25/10/2011 Exhibit P-6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 07.03.2022