Kerala High Court
Shijina V K vs The State Of Kerala on 2 August, 2024
WPC.No.27526/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
WP(C) NO. 27526 OF 2024
PETITIONER:
SHIJINA V.K., AGED 40 YEARS,
WIFE OF JOSHI M, LOWER PRIMARY SCHOOL TEACHER
(LPST), THODANNUR M L P SCHOOL, P.O. THODANNUR,
KOZHIKODE DISTRICT, PIN - 673 541.
BY ADV.V.A.MUHAMMED
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014.
3 THE ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
THODANNUR, KOZHIKODE DISTRICT, PIN - 673 541.
4 THE MANAGER,
THODANNUR M L P SCHOOL, P.O. THODANNUR, KOZHIKODE
DISTRICT, PIN - 673 541.
WPC.No.27526/24 2
5 THE HEADMASTER,
THODANNUR M L P SCHOOL, P.O. THODANNUR,
KOZHIKODE DISTRICT, PIN - 673 541.
SMT.NISHA BOSE -SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.08.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC.No.27526/24 3
JUDGMENT
The petitioner was appointed as LPSA with effect from
02.06.2016. However, the post to which the petitioner was
appointed was not sanctioned in staff fixation order for the year
2016-17 as there was delay in furnishing the fitness certificate.
Even though there was post to accommodate the petitioner in 2017-
2018 she was not granted approval of appointment for want of a
formal shifting order in respect of the petitioner as against the
available vacancy. She got approval from 07.06.2019 onwards.
2. Being aggrieved by the denial of approval, Ext.P7
revision petition has been submitted before the 1 st respondent,
which is now pending consideration. This writ petition is filed in
such circumstances, seeking a direction to the 1 st respondent to
pass orders on Ext.P7 within a time frame.
3. After hearing the learned counsel for the petitioner and
the learned Government Pleader, I am of the view that this writ
petition can be disposed of.
Accordingly, it is ordered that, the 1st respondent shall take up
Ext.P7 and pass appropriate orders thereon in accordance with law
after hearing the petitioner and the 4 th respondent. Orders in this
regard shall be passed by following the timeline and preferences
mentioned in the G.O.(Ms).No.54/2024/GEDN dated 01.06.2024.
While considering Ext.P7, Ext.P9 Government Order shall also be
averted to.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/2.8.24
APPENDIX OF WP(C) 27526/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER DATED
02.06.2016
Exhibit P-2 TRUE COPY OF THE STAFF FIXATION ORDER
2016-2017 VIDE ORDER NO. D.DIS.
F/2117/2016 DATED 12.12.2017 OF THE AEO,
THODANNUR
Exhibit P-3 TRUE COPY OF THE STAFF FIXATION ORDER
2017-2018 VIDE ORDER NO. D.DIS.F.2391/2017
DATED 14.07.2017 OF THE AEO, THODANNUR
Exhibit P-4 TRUE COPY OF THE STAFF FIXATION ORDER NO.
D.DIS.F.2845/2018 DATED 05.07.2018 OF THE
AEO, TBHODANNUR FOR THE YEAR 2018-2019
Exhibit P-5 TRUE COPY OF THE STAFF FIXATION ORDER NO.
D.DIS.F.52614/2019 DATED 17.07.2019 OF THE
AEO, THODANNUR FOR THE YEAR 2019-2020
Exhibit P-6 TRUE COPY OF THE APPROVAL ORDER NO.
F/13407/2019 DATED 14.12.2019 OF THE AEO,
THODANNUR
Exhibit P-7 TRUE COPY OF THE REVISION PETITION DATED
03.07.2024 SUBMITTED BEFORE THE 1ST
RESPONDENT
Exhibit P-8 TRUE COPY OF THE DECISION REPORTED IN 1987
KHC 145=1987 (1) KLT 472 (RAVINDRA BABU V.
STATE OF KERALA AND OTHERS),
Exhibit P-9 TRUE COPY OF THE G.O. (RT.) NO. 4981/2023/
GEDN DATED 07.09.2023
