Citation : 2024 Latest Caselaw 10455 Ker
Judgement Date : 11 April, 2024
WPC.No.15101/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 15101 OF 2024
PETITIONER:
ABANI RAGHAVAN.M.,
AGED 36 YEARS,
W/O.SANIL O.S., LPST, KANHIRODE SANKARA VILASAM U.P.
SCHOOL, P.O. KANHIRODE, KANNUR DISTRICT-670 592,
RESIDING AT "ARPITHAM", CHALA, PADINHARAKKARA,
P.O.THOTTADA, KANNUR DISTRICT, PIN -
670 007.
BY ADV.DINESH KUMAR K.
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT ANNEX-II,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
PUZHATHI HOUSING COLONY, KANNUR P.O.,
KANNUR DISTRICT, PIN - 678 001.
4 THE DISTRICT EDUCATIONAL OFFICER,
CIVIL STATION, KANNUR, KANNUR DISTRICT, PIN - 678
001.
WPC.No.15101/24 2
5 ASSISTANT EDUCATIONAL OFFICER,
KANNUR NORTH, NEAR SCIENCE PARK, KANNUR,
KANNUR DISTRICT, PIN - 678 001.
6 THE MANAGER,
KANHIRODE SANKARA VILASAM U.P. SCHOOL, P.O.
KANHIRODE, KANNUR DISTRICT, PIN - 670 592.
7 THE HEADMISTRESS,
KANHIRODE SANKARA VILASAM U.P. SCHOOL, P.O.
KANHIRODE, KANNUR DISTRICT, PIN - 670 592.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC.No.15101/24 3
JUDGMENT
The petitioner who is working as LPST in Kanhirode Sankara
Vilasam U.P.School, has approached this Court being aggrieved by
the approval of her appointment only with effect from 15.07.2021,
whereas the appointment was with effect from 15.07.2019. Further
grievance of the petitioner is that, another teacher who was
appointed after the date of appointment of the petitioner, was given
approval with effect from 06.01.2020 and therefore, the decision
taken by the authorities concerned, adversely affected the seniority
of the petitioner as well. Being aggrieved by the same, the petitioner
submitted Ext.P10 revision petition before the 1 st respondent, which
is now pending consideration. Limited prayer sought by the
petitioner is for a direction to the 1 st respondent to take up Ext.P10
within a time frame and pass appropriate orders thereon.
After hearing the learned counsel for the petitioner and the
learned Government Pleader, I am inclined to dispose of this writ
petition. Accordingly, this writ petition is disposed of directing that
the 1st respondent shall take up Ext.P10 and pass appropriate orders
thereon in accordance with law after hearing the petitioner, 6 th
respondent and any other persons affected. Orders thereon shall be
passed within a period of four months from the date of receipt of a
copy of this judgment.
Sd/-
ZIYAD RAHMAN A.A. JUDGE DG/11.4.24
APPENDIX OF WP(C) 15101/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.
12410/2021 DATED 08/07/2021 OF THIS HONOURABLE COURT
Exhibit P2 TRUE COPY OF THE ORDER AS G.O. (RT) NO.
4849/2021/G. EDN. DATED 29/10/2021
Exhibit P3 TRUE COPY OF THE ORDER NO. 01/2021 DATED 29/10/2021 BY RESCHEDULING THE APPOINTMENTS OF THE PETITIONER
Exhibit P4 TRUE COPY OF THE APPOINTMENT ORDER DATED 01/06/2018
Exhibit P5 TRUE COPY OF THE APPOINTMENT ORDER DATED 01/06/2018
Exhibit P6 TRUE COPY OF THE APPROVAL ORDER OF THE PETITIONER BEARING NO. B/42654/2023/K. DIS DATED 03/05/2023 ISSUED BY THE 5TH RESPONDENT
Exhibit P7 TRUE COPY OF THE APPROVAL ORDER OF SMT.
SREYA RAMESHAN N.V. BEARING NO.
B/42656/2023/K.DIS DATED 03/05/2023 ISSUED BY THE 5TH RESPONDENT
Exhibit P8 TRUE COPY OF THE REVISION APPEAL DATED 09/08/2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P9 TRUE COPY OF THE ORDER NO.DGE/21255/2023/G4 DATED 10/03/2024 ISSUED BY THE 2ND RESPONDENT
Exhibit P10 TRUE COPY OF THE REVISION PETITION DATED
10/03/2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT
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