Kerala High Court
Bindu S.Nair vs State Of Kerala on 28 January, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:6503
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 28TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946
WP(C) NO. 3178 OF 2025
PETITIONER:
BINDU S.NAIR,
AGED 53 YEARS,
W/O.PADMAKUMAR J., H.S.T. (HINDI)
K.N.N.M.V.H.S.S.,
PAVITHRESWARAM P.O.,
PUTHOOR, KOLLAM,
RESIDING AT K.S.NAGAR-A-38,
PADINJATTINKARA,
KOTTARAKKARA,
KOLLAM,
PIN - 691506
BY ADVS.
B.MOHANLAL
P.S.PREETHA
ASWIN V. NAIR
KARTHIK J SEKHAR
ABIJITH M.
AVANI NAIR
JAYAPRABHA ARJUN
PRAVEENA T.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
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W.P.(C) No.3178/2025
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2 THE DIRECTOR OF GENERAL EDUCATION,
GENERAL EDUCATION DEPARTMENT,
JAGATHY P.O.,
THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION,
GENERAL EDUCATION DEPARTMENT,
THEVALLY P.O., KOLLAM, PIN - 691009
4 THE DISTRICT EDUCATIONAL OFFICER,
GENERAL EDUCATION DEPARTMENT,
KOTTARAKKARA, KOLLAM, PIN - 691506
5 THE MANAGER,
K.N.N.M.V.H.S.S., PAVITHRESWARAM P.O.,
PUTHOOR, KOLLAM, PIN - 691507
BY ADV.
SRI.V.VENUGOPAL, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.01.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No.3178/2025
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JUDGMENT
Dated this the 28th day of January, 2025
The petitioner has got approved service as L.G. (Hindi)
from 17.11.1999 onwards in the 5 th respondent-Aided School.
The appointment of the petitioner for the subsequent period
from 02.06.2008 onwards was approved as per Ext.P3 with
effect from 01.06.2011. Thereafter, the petitioner was appointed
from 01.06.2016 onwards as per Ext.P4. The appointment was
approved as per Ext.P5 from 29.09.2016. The appointment of
the petitioner covered by Ext.P2 from 02.06.2008 onwards was
in the promotion vacancy of Smt.B.S.Krishna Kumary. Her
promotion from 02.06.2008 was not approved. The appointment
of the petitioner was approved only from 01.06.2011 onwards
as per Ext.P3.
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2. The appointment of the petitioner covered in
Ext.P4 from 01.06.2016 was approved by the 2 nd respondent as
per Ext.P5 only from 29.09.2016. The 3 rd respondent in Ext.P6
Appellate order directed to approve the appointment from
01.06.2016 and accordingly the 4th respondent approved the
appointment as per Ext.P7. The petitioner is continuing in the
School without any interruption.
3. The appointment of Smt.B.S.Krishna Kumary
was approved by the Government as per Ext.P8 from
02.06.2008 stating that her appointment is in an established
vacancy. She is a claimant under Chapter XIVA Rule 43. The
4th respondent approved the appointment of Smt.B.S.Krishna
Kumary. Hence, the appointment of the petitioner is liable to be
approved from 02.06.2008 to 31.05.2011 in the light of Ext.P8.
In view of Ext.P8, the petitioner submitted Ext.P9 application
before the Government under Rule 3 Chapter 1 of KER
requesting to approve the appointment of the petitioner for the
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period 02.06.2008 to 31.05.2011 to the post of HST (Hindi) in
the 5th respondent-Aided Management School. It was not
considered, contends the petitioner.
4. I have heard the learned counsel for the
petitioner and the learned Government Pleader representing
the respondents.
5. The petitioner submits that he has approved
service in the post of L.G. (Hindi) from 17.11.1999 onwards.
The appointment of the petitioner for subsequent period was
approved as per Ext.P3. The petitioner, therefore, seeks to
command the respondents to approve the appointment of the
petitioner to the post of HSA (Hindi) on regular basis in the 5 th
respondent-Aided Management School from 02.06.2008 to
31.05.2011 in the light of Ext.P8.
6. Going through the pleadings in the writ
petition, I find that the petitioner has preferred Ext.P9
representation before the 1st respondent pointing out her
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grievance. In the circumstances of the case, it would be only
just and proper that the 1st respondent considers Ext.P9 in the
light of Ext.P8 and takes appropriate decision thereon in
accordance with law.
The writ petition is accordingly disposed of directing the
1st respondent to consider Ext.P9 and take appropriate decision
thereon adverting to Ext.P8 also. Orders shall be passed within
a period of four months.
Sd/-
N. NAGARESH
JUDGE
SR
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APPENDIX OF WP(C) 3178/2025
PETITIONER'S EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE RELEVANT PAGES OF
THE SERVICE BOOK OF THE PETITIONER
Exhibit P2 THE TRUE COPY OF THE APPOINTMENT ORDER
DATED 02/06/2008 ISSUED BY THE 5TH
RESPONDENT TO THE PETITIONER
Exhibit P3 THE TRUE COPY OF THE APPROVAL ORDER
NO:B5/8699/2011/K.DIS. DATED 08/12/2011
ISSUED BY THE 4TH RESPONDENT TO THE
PETITIONER
Exhibit P4 THE TRUE COPY OF THE ORDER DATED
01/06/2016 ISSUED BY THE 5TH RESPONDENT
TO THE PETITIONER
Exhibit P5 THE TRUE COPY OF THE ORDER
NO:B5/2784/16/D.DIS. DATED 31/10/2018
ISSUED BY THE 4TH RESPONDENT
Exhibit P6 THE TRUE COPY OF THE ORDER
NO:B4/21321/18/K.DIS. DATED 18/03/2019
ISSUED BY THE 3RD RESPONDENT
Exhibit P7 THE TRUE COPY OF THE ORDER
NO:B5/1618/19/K.DIS. DATED 04/05/2019
ISSUED BY THE 2ND RESPONDENT
Exhibit P8 THE TRUE COPY OF THE LETTER
NO:B2/61/2021/G.EDN. DATED 12/10/2021
ISSUED BY THE GOVERNMENT
Exhibit P9 THE TRUE COPY OF THE APPLICATION DATED
10/01/2023 SUBMITTED BY THE PETITIONER
BEFORE THE GOVERNMENT.
