Kerala High Court
Shiny Sakariah vs The State Of Kerala on 6 November, 2024
2024:KER:82376
WPC.No.39144/24 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.39144 OF 2024
PETITIONER:
SHINY SAKARIAH,
AGED 48 YEARS,
WIFE OF BINU KURIAKOSE, HIGH SCHOOL TEACHER
(SOCIAL SCIENCE), ST. THOMAS HIGH SCHOOL, RANNY,
PATHANAMTHITTA DISTRICT, PIN - 689 673.
BY ADVS.
V.A.MUHAMMED
PRESAD V.G.
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 EUDCATION,
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014.
3 THE DISTRICT EDUCATIONAL OFFICER,
2024:KER:82376
WPC.No.39144/24 2
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, CIVIL
STATION, PATHANAMTHITTA DISTRICT, PIN - 689 645.
4 THE MANAGER,
ST.THOMAS HIGH SCHOOL, RANNY,
PATHANAMTHITTA, PIN - 689 673.
5 THE HEADMASTER,
ST. THOMAS HIGH SCHOOL, RANNY,
PATHANAMTHITTA, PIN - 689 673.
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:82376
WPC.No.39144/24 3
JUDGMENT
The petitioner was appointed as HSA (Social Science) in
a leave vacancy of one Annu Kuruvila from 16.01.2007 till
15.01.2020. The said service was approved as well. However,
while continuing in service, the petitioner was retrenched with
effect from 15.07.2018 due to division fall. Later, she was re-
appointed in an established vacancy with effect from 15.07.2021
as HSA. While so, Smt.Annu Kuruvila, whose leave vacancy, the
petitioner was initially appointed submitted resignation, which
was accepted with effect from 01.04.2007. In the light of the
submission of the resignation by the said person, the petitioner
requires to have her service regularized pertaining to the period
from 15.07.2018 to 14.07.2021. Seeking the aforesaid claim,
the petitioner submitted Ext.P13 revision petition, which is now
pending consideration before the 1st respondent.
2. Limited prayer sought by the petitioner is to
direct the 1st respondent to take a decision thereon within a time
frame. After hearing the learned counsel for the petitioner and
2024:KER:82376
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.P13 and appropriate orders thereon shall be passed
in accordance with law, after hearing the petitioner,
respondents 4 and 5 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.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/6.11.24
2024:KER:82376
APPENDIX OF WP(C) 39144/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE G.O. (RT.) NO. 5568/06/
G.EDN. DATED 27.12.2006
Exhibit P-2 TRUE COPY OF THE G.O. (RT.) NO. 4550/09/
G.EDN. DATED 03.11.2009
Exhibit P-3 TRUE COPY OF THE ORDER NO
SC(2)/93892/2014/DPI DATED 08.01.2015 OF
THE SENIOR ADMINISTRATIVE OFFICER
ATTACHED TO THE OFFICE OF THE 2ND
RESPONDEN
Exhibit P-4 TRUE COPY OF THE APPOINTMENT ORDER DATED
02.06.2008 ALONG WITH APPROVAL RECORDED
THEREIN
Exhibit P-5 TRUE COPY OF THE APPOINTMENT ORDER DATED
16.01.2010 AND THE APPROVAL RECORDED
THEREON
Exhibit P-6 TRUE COPY OF THE APPOINTMENT ORDER DATED
16.01.2015 AND THE APPROVAL RECORDED
THEREON
Exhibit P-7 TRUE COPY OF THE ORDER NO. B5/26854/2021
DATED 01.10.2021 OF THE DEO,
PATHANAMTHITTA
Exhibit P-8 TRUE COPY OF THE STAFF FIXATION ORDER
NO. D.DIS.B5/4894/2018 DATED 03.07.2018
FOR THE ACADEMIC YEAR 2018-2019 OF THE
DEO, PATHANAMTHITTA
Exhibit P-9 TRUE COPY OF THE ORDER NO. B5/2093/2021
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DATED 30.03.2021 OF THE 3RD RESPONDENT
Exhibit P-10 TRUE COPY OF THE G.O. (RT.) NO.
331/2020/G.EDN. DATED 18.01.2020
Exhibit P-11 TRUE COPY OF THE G.O. (RT.) NO.
897/2019/G.EDN. DATED 07.03.2019
Exhibit P-12 TRUE COPY OF THE G.O. (P) NO.
7/2022/GEDN DATED 20.06.2022
Exhibit P-13 TRUE COPY OF THE REVISION PETITION
SUBMITTED BEFORE THE 1ST RESPONDENT
