Kerala High Court
Molly Benance Fernandez vs State Of Kerala on 21 May, 2024
WPC.No.17993/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO.17993 OF 2024
PETITIONER:
MOLLY BENANCE FERNANDEZ,
AGED 53 YEARS,
W/O.ANTONY JOSH, HSA (SOCIAL SCIENCE), ST.
ALOYSIUS KOLLAM, HAVING ADDRESS AT NO.41, SANTHI
NAGAR, POLAYATHODE,KOLLAM 691021 AND NOW RESIDING
AT POONKAVIL HOUSE, THANNIMOODU, PUTHUKADU P.O
CHAVARA KOLLAM, PIN - 691 585.
BY ADVS.JOHNSON GOMEZ
SANJAY JOHNSON
JOHN GOMEZ
ARUN JOHNY
DEEBU R.
ABIN JACOB MATHEW
RESPONDENTS:
1 STATE OF KERALA,
REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695 001.
2 DIRECTOR GENERAL OF EDUCATION,
OFFICE OF THE DIRECTOR GENERAL OF EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
KOLLAM, PIN - 691 001.
4 THE DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
WPC.No.17993/24 2
KOLLAM, PIN - 691 013.
5 THE CORPORATE MANAGER OF CATHOLIC SCHOOLS,
CORPORATE MANAGEMENT, KOLLAM, DIOCESE OF QUILON,
BISHOP'S HOUSE, THANGASSERY (P.O),
KOLLAM., PIN - 691 007.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC.No.17993/24 3
JUDGMENT
The petitioner, who was appointed as HSA (Social Science)
in the school managed by the 5 th respondent, has approached this
Court being aggrieved by the denial of approval from the date of
appointment. It is her grievance that, even though she was
appointed with effect from 01.06.2010, the approval thereof was
only with effect from 01.06.2011. In such circumstances,
highlighting her grievance, Ext.P4 has been submitted by her,
which is being pending before the 1 st respondent.
2. Limited prayer sought for by the petitioner is for a
direction to the 1st respondent to consider and pass appropriate
orders thereon within a time frame.
3. 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.P4 and appropriate orders be
passed, in accordance with law, after hearing the petitioner and
the 5th respondent. Orders in this regard shall be passed within a
period of four months from the date of receipt of a copy of this
judgment. While taking a decision, the 1 st respondent shall take
note of the fact that, in the light of various decisions rendered by
this Court, execution bond as contemplated under G.O.(P).10/10
is not necessary and the approval can be considered, by deeming
that the bond has been issued by the Manager.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/22.5.24
APPENDIX OF WP(C) 17993/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER
NO.1377/2007/EDN DATED 01/.06/2010 WITH
PROCEEDING NO.B3/13402/11 DATED
19/03/2012 ISSUED BY THE RESPONDENT NO.5
DATED 01.06.2010 APPOINTING THE
PETITIONER AS HSA (SOCIAL SCIENCE)
Exhibit P2 A TRUE COPY OF THE ORDER G.O.(P)
NO.10/10/G. EDN. DATED 12.1.2010,
Exhibit P3 A TRUE COPY OF THE ORDER NO. G.O.(P)
NOS.199/2011/G.EDN. DATED 01.10.2011
ISSUED BY THE RESPONDENT NO.4
Exhibit P4 A TRUE COPY OF THE REQUEST MADE BY THE
PETITIONER DATED 02.03.2024 TO
RESPONDENT NO.1
Exhibit P5 A TRUE COPY OF THE JUDGEMENT IN WP(C)
15998 OF 2015 DATED 28.07.2015
Exhibit P6 A TRUE COPY OF THE JUDGEMENT IN WP(C)
20888 OF 2019 DATED 01.08.2019 OF THIS
HON'BLE COURT
Exhibit P7 A TRUE COPY OF THE JUDGEMENT IN WP(C)
NO. 6420 OF 2024 DATED 20.02.2024 OF
THIS HON'BLE COURT
