Asha.B vs The State Of Kerala
2024 Latest Caselaw 16841 Ker

Kerala High Court

Asha.B 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. 21105 OF 2024
PETITIONER/S:

          ASHA.B
          AGED 45 YEARS
          WIFE OF RAJESH HSST ENGLISH NETAJI HIGHER
          SECONDARYSCHOOL,PRAMADOM
          PRAMADOM.P.O,PATHANAMTHITTA DISTRICT-PIN-689
          646. (RESIDING AT ACKLETHUVEEDU,MULLASSERI,
          PRAMADAOM.P.O,PATHANAMTHITTA DISTRICT),
           PIN - 689 646.

          BY ADVS.
          P.A.JENZIA
          V.RAJASEKHARAN NAIR

RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS PRINCIPAL SECRETARY TO
          GOVERNMENT GENERAL EDUCATION DEPARTMENT,
          SECRETARIAT ANNEXE II THIRUVANANTHAPURAM,
          PIN - 695 001.

    2     THE DIRECTOR OF GENERAL EDUCATION
          (HIGHER SECONDARY WING) HOUSING BOARD
          BUILDINGS, THIRUVANANTHAPURAM, PIN - 695 001.

    3     THE REGIONAL DEPUTY DIRECTOR OF HIGHER
          SECONDARY EDUCATION
          EDUCATIONAL COMPLEX, AALTHARAJN. CHENGANNUR,
          ALAPPUZHA DISTRICT, PIN - 689 121.

    4     THE MANAGER
          NETAJI HIGHER SECONDARYSCHOOL,PRAMADOM
          PRAMADOM.P.O,PATHANAMTHITTA DISTRICT,
          PIN - 689 646.
 W.P.(C). No. 21105 of 2024
                                     :2:



     5       TEACHER -IN-CHARGE OF PRINCIPAL
             NETAJI HIGHER SECONDARY SCHOOL,PRAMADOM
             PRAMADOM.P.O,PATHANAMTHITTA DISTRICT,
             PIN - 689 646.

             BY ADV NISHA BOSE, GOVERNMENT PLEADER


      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. 21105 of 2024
                                   :3:



                              JUDGMENT

Dated this the 12th day of June, 2024

The petitioner, who is aggrieved by the delay in

declaration of his probation for the post of HSST even after 5

years of his appointment, has approached this Court with this

writ petition. Being aggrieved by the same, the petitioner

submitted Ext.P8, which is now pending before the 3 rd

respondent. The limited prayer sought by the petitioner is to

direct the 3rd respondent to take a decision 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 3rd respondent to take up Ext.P8 and to pass

appropriate orders thereon in accordance with law, after

hearing the petitioner, the 4 th respondent and any other

persons affected, within a period of four months from the date

of receipt of a copy of this judgment.

Sd/-

ZIYAD RAHMAN A.A. SCB JUDGE

APPENDIX OF WP(C) 21105/2024

PETITIONER'S EXHIBITS

EXHIBIT P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 14.12.2001 WITH APPROVAL THEREOF FROM 14.12.2001 TO 30.03.2002.

EXHIBIT P-2 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA VIDE NO.B5/3641/2004 DATED 02.08.2004.

EXHIBIT P-3 TRUE COPY OF THE ORDER OF THE RDD, HSE VIDE ORDER NO.3411/C7/2018/RDD/CNGR DATED 25.05.2018.

EXHIBIT P-4 TRUE COPY OF THE ORDER OF THE RDD, HSE VIDE ORDER NO.6048/C7/2019/RDD/CNGR DATED 06.01.2020.

EXHIBIT P-5 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE PRINCIPAL DATED 23.03.2024.

EXHIBIT P-6 TRUE COPY OF THE REQUEST OF THE PETITIONER ADDRESSING THE MANAGER DATED 10.05.2024.

EXHIBIT P-7 TRUE COPY OF THE DECISION REPORTED IN 2022 (3) KHC 655 (SUMESH V.S V. RAJITH T V AND OTHERS) DATED 05/05/2022.

EXHIBIT P-8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 01.06.2024.