Safiya Othayachandiyil vs State Of Kerala
2023 Latest Caselaw 12565 Ker

Kerala High Court

Safiya Othayachandiyil vs State Of Kerala on 22 November, 2023

Author: T.R.Ravi

Bench: T.R.Ravi

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR. JUSTICE T.R.RAVI
     WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945
                             WP(C) NO. 38749 OF 2023
PETITIONER:

     1        SAFIYA OTHAYACHANDIYIL
              AGED 50 YEARS
              W/O. MAJEED K, HIGHER SECONDARY SCHOOL TEACHER (HSST)
              (SOCIOLOGY), MIM HSS, PERODE, PERODE PO,
              KOZHIKODE DISTRICT, PIN - 673504
              BY ADVS.
              POOVAMULLE PARAMBIL ABDULKAREEM
              K.N.KUMARASWAMY SARMA

RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL
              EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM, PIN - 695001
     2        DIRECTOR OF GENERAL EDUCATION
              OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY,
              THIRUVANANTHAPURAM, PIN - 695014
     3        REGIONAL DEPUTY DIRECTOR
              HIGHER SECONDARY EDUCATION, REGIONAL OFFICE,
              KOZHIKODE, PIN - 673004
     4        MANAGER
              MIM HIGHER SECONDARY SCHOOL, PERODE, PERODE PO,
              KOZHIKODE DISTRICT, PIN - 673504
     5        PRINCIPAL
              MIM HIGHER SECONDARY SCHOOL, PERODE, PERODE PO,
              KOZHIKODE DISTRICT, PIN - 673504

              SMT. NISHA BOSE. SR.GOVERNMENT PLEADER


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
22.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C.) No.38749 of 2023

                                   2




                      T.R. RAVI, J.
           ------------------------------------
             W.P.(C.) No.38749 of 2023
           ------------------------------------
      Dated this the 22nd day of November, 2023

                            JUDGMENT

Admit. Government Pleader takes notice for

respondents 1 to 3. In view of the order that is

proposed to be issued, notice to respondents 4

and 5 is dispensed with.

2. The petitioner was initially appointed as

a Guest Lecturer in the 1st batch of Higher

Secondary during 2011-2012. After the 1st batch

passed out, the petitioner was appointed regularly

with effect from 24.02.2014. The petitioner

submits that the period spent as Guest Lecturer

has not been approved even on daily wage basis,

though her services were utilised during the

period. The petitioner has preferred Ext.P16

appeal before the 2nd respondent and seeks an

early disposal.

In view of the limited prayer made, this writ

petition is disposed of directing the 2nd respondent

to consider and pass orders on Ext.P16 appeal

with due regard to Ext.P13 circular, after hearing

the petitioner and respondents 4 and 5 at the

earliest, at any rate, within two months from the

date of receipt of a copy this judgment.

Sd/-

T.R.RAVI JUDGE SKP/22-11

APPENDIX OF WP(C) 38749/2023

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 12/08/2012 ISSUED BY THE 4TH RESPONDENT EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER DATED 03/06/2013 ISSUED BY THE 4TH RESPONDENT EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER DATED 24/2/2014 ISSUED BY THE 4TH RESPONDENT EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS DATED 27/2/2015 ISSUED BY THE 3RD RESPONDENT EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 25/3/2014 SUBMITTED BY THE PETITIONER EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER DATED 27/05/2016 IN WP(C)NO.34228/2015 ISSUED BY THIS HON'BLE COURT EXHIBIT P7 TRUE COPY OF THE ORDER NO. A2/4743/2016/K.DIS.

DATED 25/06/2016 ISSUED BY THE 3RD RESPONDENT EXHIBIT P8 TRUE COPY OF THE G.O(MS)NO. 26/2014/GEDN DATED 01/02/2014 ISSUED BY THE 1ST RESPONDENT EXHIBIT P9 TRUE COPY OF THE G.O(MS)NO. 284/2014/G. EDN.

DATED 30/12/2014 ISSUED BY THE 1ST RESPONDENT EXHIBIT P10 TRUE COPY OF THE REVIEW PETITION DATED 22/05/2017 SUBMITTED BY THE PETITIONER EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 29/06/2017 IN WP(C)NO. 34228/2015 ISSUED BY THIS HON'BLE COURT EXHIBIT P12 TRUE COPY OF THE G.O(RT)NO.542/2018/GEN DATED 03/02/2018 ISSUED BY THE 1ST RESPONDENT EXHIBIT P13 TRUE COPY OF THE CIRCULAR NO.

ACD.C3/42574/2013/H.S.E DATED 18/03/2015 ISSUED BY THE 2ND RESPONDENT EXHIBIT P14 TRUE COPY OF THE PROPOSAL DATED 17/03/2022 SUBMITTED BY THE 5TH RESPONDENT EXHIBIT P15 TRUE COPY OF THE ORDER NO. A2/2211/NDG/22 DATED 02/06/2022 ISSUED BY THE 3RD RESPONDENT EXHIBIT P16 TRUE COPY OF THE APPEAL PETITION DATED 01/11/2023 SUBMITTED BY THE PETITIONER RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE