Shirin Shahana P K vs The State Of Kerala
2024 Latest Caselaw 16837 Ker

Kerala High Court

Shirin Shahana P K vs The State Of Kerala on 12 June, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
 WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                      WP(C) NO. 20985 OF 2024
PETITIONER/S:
          SHIRIN SHAHANA P K, AGED 30 YEARS
          W/O MANSOOR ALI A UPSA, PUTHUR PALLIKKAL AIDED
          MAPPILLA UPPER PRIMARY SCHOOL, PUTHUR PALLIKKAL,
          MALAPPURAM DISTRICT - 673636 (RESIDING AT ARAKKAL
          HOUSE, NEEROL PALAM, THENCHIPALAM, MALAPPURAM
          DISTRICT), PIN - 673636

           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 ANNEX II,
          THIRUVANANTHAPURAM, PIN - 695001

     2     THE DIRECTOR OF GENERAL EDUCATION
           JAGATHY,THIRUVANANTHAPURAM, PIN - 695014

     3     THE DEPUTY DIRECTOR OF EDUCATION
           DOWN HILL, MALAPPURAM DISTRICT, PIN - 676505

     4     THE ASSISTANT EDUCATIONAL OFFICER
           KONDOTTY, MALAPPURAM DISTRICT, PIN - 673638

     5     THE MANAGER,PUTHUR PALLIKKAL AMUP SCHOOL, PUTHUR
           PALLIKKAL, MALAPPURAM DISTRICT, PIN - 673636

     6     THE HEADMASTER,PUTHUR PALLIKKAL AMUP SCHOOL,
           PUTHUR PALLIKKAL, MALAPPURAM DISTRICT, PIN -
           673636

             ADV NISHA BOSE-GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   12.06.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.C No. 20985 of 2024

                                  2


                            JUDGMENT

The petitioner who was appointed as UPSA in the school

managed by the 5th respondent with effect from 01.08.2018 has

approached this Court with this writ petition. The grievance of the

petitioner is that, even though the approval of his appointment

was granted, the same was with effect from 15.07.2019 onwards.

Being aggrieved by the denial of approval pertaining to the period

from 01.08.2018 to 15.07.2019, the petitioner submitted Ext.P8

before the 1st respondent. The limited prayer sought by the

petitioner is to direct the 1st respondent to consider and pass

orders thereon within a time frame.

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 1 st respondent shall

take up Ext.P8 and pass appropriate orders thereon in accordance

with, law after hearing the petitioner and the 5 th respondent. The

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 rpk

APPENDIX OF WP(C) 20985/2024

PETITIONER EXHIBITS

Exhibit P-1 TRUE COPY OF THE ORDER OF THE ASSISTANT EDUCATIONAL OFFICER, KONDOTTY VIDE NO.D/3056/18/K.DIS DATED 30.03.2019

Exhibit P-2 TRUE COPY OF THE APPEAL PETITION SUBMITTED THE MANAGER BEFORE THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM DATED 22.06.2019

Exhibit P-3 TRUE COPY OF THE ORDER OF THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM VIDE NO.K.DIS.B1/3784/2019 DATED 23.09.2019

Exhibit P-4 TRUE COPY OF THE ORDER OF THE ASSISTANT EDUCATIONAL OFFICER, KONDOTTY VIDE NO.D/7391/2021 DATED 12.04.2021

Exhibit P-5 TRUE COPY OF THE ORDER OF THE ASSISTANT EDUCATIONAL OFFICER, KONDOTTY VIDE NO.D/9542/2021 DATED 19.04.2021

Exhibit P-6 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2018-19 VIDE ORDER NO.D.DIS.D/2299/2018 DATED 11.07.2018 OF THE ASSISTANT EDUCATIONAL OFFICER, KONDOTTY

Exhibit P-7 TRUE COPY OF THE STAFF STATEMENT OF THE SCHOOL DATED 03.09.2018

Exhibit P-8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 30.05.2024