Kerala High Court
Remya S vs The State Of Kerala on 5 June, 2024
WPC.No.20147/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(C) NO. 20147 OF 2024
PETITIONERS:
REMYA S, AGED 38 YEARS, WIFE OF SHAJEESH KUMAR,
UPPER PRIMARY SCHOOL TEACHER, ORKKATTERI NORTH U P
SCHOOL, CHOMBALA, P.O. ONCHIYAM, VADAKARA,
KOZHIKODE DISTRICT, PIN - 673 308.
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,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014.
3 THE DISTRICT EDUCATIONAL OFFICER,
VADAKARA, KOZHIKODE DISTRICT, PIN - 673 101.
4 THE ASSISTANT EDUCATIONAL OFFICER,
CHOMBALA, KOZHIKODE DISTRICT, PIN - 673 308.
5 THE MANAGER, ORKKATTERI NORTH U P SCHOOL, CHOMBALA,
P.O.ONCHIYAM, VADAKARA, KOZHIKODE DISTRICT, PIN -
673 308.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC.No.20147/24 2
JUDGMENT
The petitioner, whose appointment as UPST from 01.06.2019
onwards in the school managed by the 5 th respondent was not
approved, has approached this Court seeking the following reliefs:
(i) call for the records relating to Exhibit P-2 and set
aside the original of the same by the issue of a writ of
certiorari or appropriate writ or order.
(ii) issue a writ of mandamus or other appropriate writ,
order or direction commanding the 4th Respondent to
grant approval to the Petitioner as UPST from
01.06.2019 onwards.
(iii) issue a writ of mandamus or other appropriate writ
order or direction commanding the 1st Respondent to
consider and pass appropriate orders upon Exhibit P-8
after affording an opportunity of being heard to the
Petitioner within a time limit, duly taking note of
Exhibits P-5 and P-6.
(iv) dispense with filing of English translation of
vernacular documents produced along with the Writ
Petition.
(v) pass such other order or direction which this
Hon'ble Court may deem fit and proper to grant in the
circumstances of the case.
Grievance of the petitioner is that, as per Ext.P2, the approval
was denied and even though Ext.P4 was submitted before the 3 rd
respondent, as of now no orders are passed. In such
circumstances, the petitioner submitted Ext.P8 representation
under Rule 65 Chapter XIV C of KER, before the 1 st respondent,
which is now pending consideration.
Limited prayer sought by the petitioner is to direct the 1 st
respondent to pass appropriate orders on Ext.P8 within a time
frame. After hearing the learned counsel for the petitioner and the
learned Government Pleader, this writ petition is disposed of
directing the 1st respondent to take up Ext.P8 and to pass
appropriate orders thereon in accordance with law, after hearing
the petitioner and the 5th respondent Manager. Orders in this
regard 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/5.6.24
APPENDIX OF WP(C) 20147/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER IN
RESPECT OF THE PETITIONER DATED 06.06.2019
Exhibit P-2 TRUE COPY OF THE ORDER NO. C/6222/2019
DATED 10.12.2019 OF THE 4TH RESPONDENT
Exhibit P-3 TRUE COPY OF THE STAFF FIXATION ORDER NO.
D.DIS. C/44791/2019 DATED 17.07.2019 OF
THE 4TH RESPONDENT
Exhibit P-4 TRUE COPY OF THE APPEAL APPLICATION DATED
21.11.2023 BEFORE THE 3RD RESPONDENT
Exhibit P-5 TRUE COPY OF THE G.O. (P) NO.
3/2019/G.EDN. DATED 28.2.2019,
Exhibit P-6 TRUE COPY OF THE CIRCULAR NO.
J2/57/2019/G.EDN. DATED 08.03.2019,
Exhibit P-7 TRUE COPY OF THE CATEGORY-WISE STATEMENT
OF STAFF AS ON 06.06.2019 (DATED
06.06.2019)
Exhibit P-8 TRUE COPY OF THE REPRESENTATION DATED
18.04.2024 SUBMITTED BEFORE THE 1ST
RESPONDENT
