Citation : 2024 Latest Caselaw 9778 Ker
Judgement Date : 4 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 13534 OF 2024
PETITIONER/S:
SHEENA. K. MATHEW
AGED 42 YEARS
UPST,ST. XAVIER'S UP SCHOOL, KOLAYAD KOOTHUPARAMBA,
KANNUR DISTRICT-670650 (RESIDING AT "KOCHIPARAMBIL
HOUSE, VELIMANAM P.O. PAYAM VIA, KANNUR, PIN - 670704
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE - II,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION
O/O. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR, PIN -
670002
4 THE DISTRICT EDUCATIONAL OFFICER
THALASSERY, KANNUR DISTRICT, PIN - 670101
5 THE ASSISTANT EDUCATIONAL OFFICER
KOOTHUPARAMBA, KANNUR, PIN - 670693
6 THE CORPORATE MANAGER
APOSTOLAC CARMAL EDUCATION AGENCY, KOZHIKODE, PIN -
673011
7 THE HEAD MASTER
KOLAYAD ST. XAVIERS UP SCHOOL, KOOTHUPARAMBA, KANNUR
DISTRICT, PIN - 670650
ADV NISHA BOSE - PP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
W.P.C No.13534 of 2024
JUDGMENT
The petitioner, was appointed as UPSA in the school
managed by the 6th respondent w.e.f 15.07.2021 against a
promotion vacancy. However, the approval was not granted by the
Educational Officer concerned but later, as per Ext.P4 the 2 nd
respondent ordered the approval of appointment of the petitioner
subject to the reservation of persons with disability. On the basis
of Ext.P4, Ext.P5 proposal has been submitted before the 5 th
respondent which has not been acted upon till now. The writ
petition was submitted in such circumstances seeking for a
direction to take appropriate steps pursuant to Ext.P5.
After hearing the learned Counsel for the petitioner and the
learned Government Pleader, I am inclined to dispose of this writ
petition. Accordingly, it is ordered that, the 5 th respondent shall
take up Ext.P5 and appropriate orders thereon shall be passed in
accordance with law, after hearing the petitioner as well as the 6 th
respondent, within a period of two months from the date of receipt
of a copy of this judgment.
Sd/-
ZIYAD RAHMAN A.A JUDGE rpk
APPENDIX OF WP(C) 13534/2024
PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 15.07.2021 Exhibit P-2 TRUE COPY OF THE ORDER NO. D/ 16212/2021 DATED 02.11.2021 OF THE AEO, KOOTHUPARAMBA Exhibit P-3 TRUE COPY OF THE ORDER NO. B5/197018/2022 DATED 09.10.2022 OF THE DEO Exhibit P-4 TRUE COPY OF THE ORDER NO.G4/238472/2022 DATED 20.11.2023 OF THE DIRECTOR Exhibit P-5 TRUE COPY OF THE ORDER NO. 19/2023-24 OF THE CORPORATE MANAGER DATED 05.03.2024 Exhibit P-6 TRUE COPY OF THE G.O.(MS) NO.29/2023/G.EDN DATED 24.03.2023 ISSUED BY THE GOVERNMENT Exhibit P-7 TRUE COPY OF THE CIRCULAR NO. GEDN-
JR1/1502/2023/G.EDN DATED 01.11.2023 ISSUED BY THE GOVERNMENT Exhibit P-8 TRUE COPY OF THE CIRCULAR NO.
DGE/15133/2023(2)-H2 DATED 03.02.2024 BY THE 2ND RESPONDENT
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