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Fathima Sahla K vs The State Of Kerala
2024 Latest Caselaw 10987 Ker

Citation : 2024 Latest Caselaw 10987 Ker
Judgement Date : 12 April, 2024

Kerala High Court

Fathima Sahla K vs The State Of Kerala on 12 April, 2024

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
 FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                    WP(C) NO. 15630 OF 2024
PETITIONER/S:

            FATHIMA SAHLA K
            AGED 32 YEARS,D/O MOOSAKUTTY,
            HSA (ENGLISH), M.U. HIGHER SECONDARY SCHOOL,
            OORAKAM, MALAPPURAM DISTRICT- 676 528
            (RESIDING AT KUNNATHEDATH KAREECHIYIL HOUSE,
            VALAKKOLAM P.O, PERUMANNA, MALAPPURAM DISTRICT,
            PIN - 676 508).
            BY ADVS.
            V.A.MUHAMMED
            M.SAJJAD


RESPONDENT/S:

    1       THE STATE OF KERALA
            REPRESENTED BY ITS PRINCIPAL SECRETARY
            TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
            SECRETARIAT ANNEXE II,
            THIRUVANANTHAPURAM, PIN - 695 001.
    2       THE DIRECTOR OF GENERAL EDUCATION
            JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014.
    3       THE DEPUTY DIRECTOR OF EDUCATION
            DOWN HILL,MALAPPURAM DISTRICT, PIN - 676 505.
    4       THE DISTRICT EDUCATIONAL OFFICER
            TIRURANGADI, MALAPPURAM DISTRICT, PIN - 676 306.
    5       THE MANAGER,
            M.U. HIGHER SECONDARY SCHOOL, OORAKAM,
            MALAPPURAM DISTRICT, PIN - 676 528.
OTHER PRESENT:

            ADV SHRI NISHA BOSE-GOVERNMENT PLEADER
     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   12.04.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No. 15630 OF 2024

                               2

                            JUDGMENT

The petitioner, who was appointed as HST (English)

in the School managed by the 5 th respondent, has

approached this Court by filing this writ petition.

2. The grievance of the petitioner is that her

appointment was not approved by the authorities

concerned. Being aggrieved by the same, Ext.P16 has

been submitted before the 1st respondent, which is now

pending consideration.

3. After hearing the learned counsel for the

petitioner and the learned Government Pleader, this

writ petition is disposed of directing the 1 st respondent

to take up Ext.P16 and to pass appropriate orders

thereon in accordance with law, after hearing the

petitioner, the 5th respondent and the other persons

affected if any. A decision in this regard shall be taken W.P.(C) No. 15630 OF 2024

up within a period four months from the date of receipt

of a copy of this judgment.

Sd/-

ZIYAD RAHMAN A. A., JUDGE

S.M.K. W.P.(C) No. 15630 OF 2024

APPENDIX

PETITIONER's EXHIBITS Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2022

Exhibit P-2 TRUE COPY OF THE JOINING REPORT OF THE PETITIONER DATED 01.06.2022

Exhibit P-2(a) TRUE COPY OF THE G.O.(RT).NO.3/2019/GEDN DATED 28.02.2019

Exhibit P-2(b) TRUE COPY OF THE CIRCULAR NO.J2/57/2019/GEDN DATED 08.03.2019

Exhibit P-3 TRUE COPY OF THE ORDER OF THE DISTRICT EDUCATIONAL OFFICER, TIRURANGANDI VIDE NO.B3/35317/2022 DATED 06.09.2023

Exhibit P-4 TRUE COPY OF THE APPEAL SUBMITTED BY THE MANAGER BEFORE THE DDE, MALAPURAM DATED 15.09.2023

Exhibit P-5 TRUE COPY OF THE HEARING NOTICE TO THE PETITIONER VIDE NO.DDEMPM/14453/23/B6 DATED 22.01.2024

Exhibit P-6 TRUE COPY OF THE SUBMISSION MADE BY THE PETITIONER BEFORE THE DDE, MALAPPURAM

Exhibit P-7 TRUE COPY OF THE ORDER OF THE DDE, MALAPPURAM VIDE NO.B6/220405/2023 DATED 20.03.2024

Exhibit P-8 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2019-20 VIDE NO.D.DIS.B3/51042/2019 DATED 16.07.2019 OF THE DISTRICT EDUCATIONAL OFFICER, TIRURANGANDI

Exhibit P-9 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2022-23 VIDE NO.D.DIS.B3/43708/2022 DATED 21.08.2022 OF THE DEO, TIRURANGANDI W.P.(C) No. 15630 OF 2024

Exhibit P-10 TRUE COPY OF THE ORDER OF THE DISTRICT EDUCATIONAL OFFICER, TIRURANGANDI VIDE NO.B3/120216/2022 DATED 20.12.2022

Exhibit P-11 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2023-24 VIDE NO.D.DIS.B3/57936/2023 DATED 08.09.2023 OF THE DEO, TIRURANGANDI

Exhibit P-12 TRUE COPY OF THE DECISION REPORTED IN 2007 (1) KLT 766 = 2007 KHC 3407 (RAKHEE V. STATE OF KERALA) DATED 18.10.2006

Exhibit P-13 TRUE COPY OF THE DECISION REPORTED IN 2008 (2) KLT 771 = 2008 KHC 4846 (DEEPA AUGUSTINE V. GEETHA ALEX) DATED 08.05.2008

Exhibit P-14 TRUE COPY OF THE G.O.(RT).NO.1698/2022/GEDN DATED 16.03.2022

Exhibit P-15 TRUE COPY OF THE G.O.(RT).NO.200/22/GEDN DATED 10.01.2022

Exhibit P-16 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 30.03.2024

 
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