Aparna A vs State Of Kerala
2024 Latest Caselaw 31758 Ker

Kerala High Court

Aparna A vs State Of Kerala on 6 November, 2024

                                             2024:KER:82368

WPC.No.39094/24                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. 39094 OF 2024

PETITIONER:

         APARNA A.,
         AGED 31 YEARS,
         W/O.PRAHLAD V, LPST, O KHALID MEMORIAL MLP
         SCHOOL, CHOKLI POST, KANNUR DISTRICT, PIN - 670
         672.


         BY ADVS.
         POOVAMULLE PARAMBIL ABDULKAREEM
         K.N.KUMARASWAMY SARMA


RESPONDENTS:

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

    2    DIRECTOR OF GENERAL EDUCATION,
         OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
         JAGATHI, THIRUVANANTHAPURAM, PIN - 695 014.

    3    DISTRICT EDUCATIONAL OFFICER,
         OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
         THALASSERY, KANNUR DISTRICT, PIN - 670 101.

    4    ASSISTANT EDUCATIONAL OFFICER,
         OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
                                                        2024:KER:82368

WPC.No.39094/24                       2

            CHOKLI, KANNUR DISTRICT, PIN - 670 672.

    5       MANAGER,
            O KHALID MEMORIAL MLP SCHOOL, CHOKLI POST,
            KANNUR DISTRICT, PIN - 670 672.

            SRI.V. VENUGOPAL, GOVERNMENT PLEADER


     THIS    WRIT   PETITION    (CIVIL)      HAVING    COME    UP    FOR
ADMISSION    ON   06.11.2024,   THE       COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                       2024:KER:82368

WPC.No.39094/24                       3

                              JUDGMENT

The petitioner was appointed as LPST in the school

managed by the 5th respondent with effect from 03.06.2024.

However, the approval was granted by the 4th respondent only

on daily wage basis. Being aggrieved by the denial of approval

of appointment on scale of pay basis, the petitioner submitted

Ext.P5 revision petition before the 2nd respondent, which is now

pending consideration.

Limited prayer sought by the petitioner is to direct the

2nd respondent to take a decision thereon within a time frame.

Accordingly, this writ petition is disposed of directing the 2 nd

respondent to take up Ext.P5 and appropriate orders thereon

shall be passed after hearing the petitioner, the 5 th respondent

and other affected parties, if any. Decision in this regard shall

be taken within a period of two months from the date of receipt

of a copy of this judgment.

Sd/-

ZIYAD RAHMAN A.A. JUDGE DG/6.11.24 2024:KER:82368

APPENDIX OF WP(C) 39094/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 03/06/2024 ISSUED BY THE 5TH RESPONDENT

Exhibit P2 TRUE COPY OF THE ORDER NO.

C/727311/2024 DATED 09/09/2024 ISSUED BY THE 4TH RESPONDENT

Exhibit P3 TRUE COPY OF THE APPEAL PETITION DATED 11/09/2024 SUBMITTED BY THE 5TH RESPONDENT

Exhibit P4 TRUE COPY OF THE ORDER NO.

B5/774798/2024 DATED 13/10/2024 ISSUED BY THE 3RD RESPONDENT

Exhibit P5 TRUE COPY OF THE REVISION PETITION DATED 21/10/2024 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

Exhibit P6 TRUE COPY OF THE CLARIFICATION LETTER NO.GEDN.JR1/502/2023 DATED 01/11/2023 ISSUED BY THE 1ST RESPONDENT

Exhibit P7 TRUE COPY OF THE CIRCULAR NO.

DGE/15133-2023(2)-H2 DATED 03/02/2024 ISSUED BY THE 2ND RESPONDENT

Exhibit P8 TRUE COPY OF THE LETTER NO.JR1/502/2023/G.EDN. DATED 06/05/2024 ISSUED BY THE 1ST RESPONDENT

Exhibit P9 TRUE COPY OF THE LETTER NO.DGE/7704/2023-H2/D.DIS. DATED 16/08/2023 ISSUED BY THE 2ND RESPONDENT