Kerala High Court
Ameena Mankada vs The State Of Kerala on 6 November, 2024
2024:KER:82380
WPC.No.39203/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 6TH DAY OF NOVEMBER 2024 / 15TH KARTHIKA,
1946
WP(C) NO. 39203 OF 2024
PETITIONER:
AMEENA MANKADA,
AGED 32 YEARS,
UPPER PRIMARY SCHOOL TEACHER, AM UP SCHOOL,
MAMPAD, MALAPPURAM W/O.MUSHFAR RASHID V.P,
VELLARAMPARA HOUSE, CHANDAKUNNU, NILAMBOOR,
MALAPPAURAM, PIN - 679 329.
BY ADVS.
M.A.FAYAZ
C.B.ABHINAVA
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 DIRECTOR OF GENERAL EDUCATION,
O/O. THE DIRECTOR OF GENERAL EDUCATION, JAGATHI,
THIRUVANANTHAPURAM, PIN - 695 014.
3 DEPUTY DIRECTOR OF EDUCATION,
O/O.THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM
MALAPPURAM, PIN - 676 505.
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WPC.No.39203/24 2
4 DISTRICT EDUCATIONAL OFFICER,
O/O.THE DISTRICT EDUCATIONAL OFFICER,
WANDOOR, PIN - 679 328.
5 ASSISTANT EDUCATIONAL OFFICER,
O/O.THE ASSISTANT EDUCATIONAL OFFICER,
NILAMBOOR, PIN - 679 329.
6 MANAGER,
AM UPS, MAMPAD, MALAPPAURAM, PIN - 676 542.
SRI.V.K.SUNIL, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WPC.No.39203/24 3
JUDGMENT
The petitioner is presently working as UPST in AM UP
School, Mampad, managed by the 6th respondent. Grievance of
the petitioner is that the approval of the appointment of the
petitioner was initially declined on the reason that, there is a
management dispute pending consideration. Later, as per
Ext.P4 Government Order, the Government issued a direction
to regularize the transfer of management within a period of
three months and the Manager who issued appointment order
of the petitioner was permitted to continue for a period of three
months.
2. Later as per Ext.P5 order passed by the 2 nd
respondent, it was directed that the approval of the
appointment of the petitioner shall be considered upon settling
the dispute regarding the appointment of the manager. Now,
the grievance of the petitioner is that, even now the approval
has not been granted. In such circumstances, the petitioner
submitted Ext.P7 revision petition before the 1 st respondent,
highlighting her grievances. Limited prayer sought by the
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petitioner is to direct the 1 st
respondent to take a decision on
Ext.P7 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.P7 and appropriate orders thereon
shall be passed in accordance with law, after hearing the
petitioner, the 6th respondent and other affected parties, if any.
Orders in this regard shall be passed by following the timeline
and preferences mentioned in the G.O.(Ms).No.54/2024/GEDN
dated 01.06.2024. While taking a decision, the 1 st respondent
shall also taken into account Exts.P9 and P10 judgments as
well.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/6.11.24
2024:KER:82380
APPENDIX OF WP(C) 39203/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER
ISSUED BY THE 6TH RESPONDENT DATED
15.07.2021
Exhibit P2 TRUE COPY OF THE ORDER NO.F/14114/2021
DATED 09.09.2021ISSUED BY THE 5TH
RESPONDENT
Exhibit P3 TRUE COPY OF ORDER NOA6/195712/2021
DATED 04.01.2022 ISSUED BY THE 4TH
RESPONDENT
Exhibit P4 TRUE COPY OF G.O(RT)NO 4020/2023/G.EDN
DATED 06.07.2023
Exhibit P5 TRUE COPY OF THE ORDER
NO.E2/238378/2022/DGE DATED 15.04.2024
ISSUED BY THE 2ND RESPONDENT
Exhibit P6 TRUE COPY OF ORDER NO.F/2675/18 DATED
13.08.2018 ISSUED BY THE 5TH RESPONDENT
Exhibit P7 TRUE COPY OF THE REVISION PETITION
FILED BY THE PETITIONER DATED
14.10.2024
Exhibit P8 TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY THE 5TH RESPONDENT IN W.P(C)NO
33822/2023 DATED 22.02.2024
Exhibit P9 TRUE COPY OF THE JUDGMENT IN 1997(2)
KLT 725 DATED 11.09.1997
Exhibit P10 TRUE COPY OF THE JUDGMENT IN 2002(1)
KLT 406 DATED 21.12.2001
