Chithra Nair R.S., W/O.Manikantan vs State Of Kerala
2024 Latest Caselaw 6011 Ker

Kerala High Court

Chithra Nair R.S., W/O.Manikantan vs State Of Kerala on 23 February, 2024

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                  THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
   FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
                              WP(C) NO. 7101 OF 2024
PETITIONER:

                  CHITHRA NAIR R.S.,
                  W/O.MANIKANTAN, AGED 38 YEARS
                  HST (MALAYALAM), S.N.S.M.H.S.S., ELAMPALLOOR,
                  KUNDARA, KOLLAM, RESIDING AT POURNAMI, THAZHAM,
                  KARIMPINPUZHA P.O., KOTTARAKKARA,
                  KOLLAM, PIN - 691507

                  BY ADVS.
                  B.MOHANLAL
                  P.S.PREETHA
                  ASWIN V. NAIR
                  AJAY S. KOSHY


RESPONDENTS:

       1          STATE OF KERALA
                  REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
                  GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
                  THIRUVANANTHAPURAM, PIN - 695001

       2          THE DIRECTOR OF GENERAL EDUCATION
                  GOVERNMENT OF KERALA, JAGATHY P.O.,
                  THIRUVANANTHAPURAM, PIN - 695014

       3          THE DEPUTY DIRECTOR OF EDUCATION
                  THEVALLY P.O., KOLLAM, PIN - 691009

       4          THE DISTRICT EDUCATIONAL OFFICER
                  CUTCHERY P.O., KOLLAM, PIN - 691013

       5          THE MANAGER
                  S.N.S.M.H.S.S., ELAMPALLOOR P.O.,
                  KUNDARA, KOLLAM, PIN - 691501




                  SMT.NISHA BOSE, SR.GP


THIS       WRIT    PETITION   (CIVIL)    HAVING   COME   UP   FOR   ADMISSION   ON
23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                           -2-

WP(C)No.7101 of 2024

                            MOHAMMED NIAS C.P.J

                          ---------------------

                              WP(C) No.7101 of 2024

                        ---------------------------

                    Dated this the 23rd   day of February, 2024



                                   JUDGMENT

The petitioner has preferred Ext.P14 revision before the first respondent,

seeking approval of her appointment. Learned counsel for the petitioner submits

that no orders have been passed the same so far and seeks a direction to the first

respondent to dispose of the same. Learned counsel for the petitioner also

submits that his case is covered by Exts.P11 to P13 judgments.

2. Accordingly, there will be a direction to the first respondent to take up

Ext.P14 and pass orders in accordance with law, with notice to the petitioner and

other affected parties, if any and after affording an opportunity of hearing to

them, within an outer time limit of four months from the date of receipt of a copy

of this judgment. It will be open to the petitioner to produce such documents to

substantiate the contentions, which will be adverted to by the first respondent

while considering the request

The writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE

dlk/23.2.2024

APPENDIX OF WP(C) 7101/2024

PETITIONER'S EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE APPOINTMENT ORDER DATED 01/06/2017 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER

EXHIBIT P2 THE TRUE COPY OF THE ORDER NO:B6/3060/17/K.DIS.

DATED 23/08/2018 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P3 THE TRUE COPY OF THE STAFF FIXATION ORDER NO:B6/4483/2016 DATED 16/12/2017 ISSUED BY THE 4TH RESPONDENT FOR THE ACADEMIC YEAR 2016-2017 OF THE 5TH RESPONDENT AIDED MANAGEMENT SCHOOL

EXHIBIT P4 THE TRUE COPY OF THE STAFF FIXATION ORDER NO:B6/7447/2017 DATED 16/12/2017 ISSUED BY THE 4TH RESPONDENT FOR THE ACADEMIC YEAR 2017-2018 OF THE 5TH RESPONDENT AIDED MANAGEMENT SCHOOL

EXHIBIT P5 THE TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 17/12/2018 FILED BY THE 5TH RESPONDENT BEFORE THE 3RD RESPONDENT

EXHIBIT P6 THE TRUE COPY OF THE ORDER NO:B3/17392/2018/K.DIS. DATED 09/04/2019 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P7 THE TRUE COPY OF THE STAFF FIXATION ORDER NO:B6/3918/2018 DATED 03/07/2018 FOR THE ACADEMIC YEAR 2018-2019 OF THE 5TH RESPONDENT SCHOOL ISSUED BY THE 4TH RESPONDENT

EXHIBIT P8 THE TRUE COPY OF THE STAFF FIXATION ORDER NO:B6/46444/2019 DATED 17/07/2019 FOR THE ACADEMIC YEAR 2019-2020 OF THE 5TH RESPONDENT SCHOOL ISSUED BY THE 4TH RESPONDENT

EXHIBIT P9 THE TRUE COPY OF THE STAFF FIXATION ORDER

NO:B6/42497/2022 DATED 17/08/2022 FOR THE ACADEMIC YEAR 2022-2023 OF THE 5TH RESPONDENT SCHOOL ISSUED BY THE 4TH RESPONDENT

EXHIBIT P10 THE TRUE COPY OF THE ORDER G.O. (P)NO:4/2021/G.EDN. DATED 06/02/2021 ISSUED BY THE GOVERNMENT

EXHIBIT P11 THE TRUE COPY OF THE JUDGMENT W.A.NO:2290/2015 DATED 25/07/2017 OF THIS HON'BLE COURT

EXHIBIT P12 THE TRUE COPY OF THE JUDGMENT W.A.NO:2091/2018 DATED 28/06/2019 OF THIS HON'BLE COURT

EXHIBIT P13 THE TRUE COPY OF THE JUDGMENT DATED 09/08/2019 IN W.A.NO:300/2019

EXHIBIT P14 THE TRUE COPY OF THE REVISION DATED 29/09/2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT