Pasha vs the State of Kerala

PASHA vs The State of Kerala

Type Court Judgment Court Kerala Decided Jul 05, 2021

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https://sooperkanoon.com/case/1647975

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Citation: sooperkanoon.com/1647975
Court: Kerala High Court
Judge: Honourable Mrs. Justice Anu Sivaraman
Decided On: Jul 05, 2021
Case Number: WP(C)/12786/2021

Parties & Advocates

Appellant / Petitioner

PASHA

Respondent

The State of Kerala

Excerpt

.....directing the respondents 1 to 4 to approvethe appointment of the petitioner in the post of upsa for the period from 01.06.2010 to 31.05.2011 also and grant all the service benefits.ii) issue a writ of certiorari or any other appropriate writ orderor direction, quashing order no.b4-376/12/k.dis dated 30.01.2012 (endorsement on ext.p1) issued by the 4th respondent to the extent to which it denies approval to the petitioner from 01.06.2010 onwards. iii) a writ of mandamus or any other appropriate, writ order or direction, directing the 1st respondent to consider and pass orders on exts.p2 & p5 representations taking note of exts.p3 & p4 and grant approval to the petitioner from the date of appointment.2. heard the learned counsel for the petitioner and the learned government pleader. in view of the directions being issued, notice to the 5th respondent is dispensed with.3. it is submitted by the learned counsel for thepetitioner that the petitioner was appointed as upsa w.e.f. 01.06.2010 in the 5th respondent's school. the appointment was not approved on the ground that the appointment of a senior hand as upsa from 24.08.2009 had not been approved. the appointment of the petitioner was approved only including the petitioner in the teacher's package w.e.f 01.06.2011. the petitioner had earlier approached the government by ext.p2, but it is submitted that no orders had been passed thereon. it is submitted that ext.p3 staff fixationorder for the year in question would show that the existenceof the post necessary to accommodate the petitioner as well. by ext.p4 judgment, this court has directed the government to consider the issue of approval of the senior hands including smt.thasnim. it is submitted that, in the above view of the matter, the contention that the appointment of senior hands is not approved is not sustainable. the learned counsel for the petitioner seeks a consideration of ext.p5 representation submitted by her before the 1st.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 5TH DAY OF JULY 2021 / 14TH ASHADHA, 1943 PETITIONERS: PASHA AGED 34 YEARS D/O.PREMARAJAN, HST (ENGLISH), ST. JOSEPHS'S HIGH SCHOOL, MATHILAKAM, KODUNGALLUR, THRISSUR, 680 685. (RESIDING AT PALLITHARA HOUSE, PERINJANAM P.O., MATHILAKAM 680 686) BY ADVS. T.T.MUHAMOOD A.MOHAMMED SAVAD NAZEER HUZAIN.H T.R.VISHNU RESPONDENTS:
1 THE STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 2 THE DIRECTOR OF GENERAL EDUCATION, DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM 3 THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DDE, AYYANTHOLE, THRISSUR 680 003 4 THE DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DEO, IRINJALAKUDA, THRISSUR 680 121 5 THE MANAGER ST. JOSEPH'S HIGH SCHOOL, MATHILAKAM, KODUNGALLUR, THRISSUR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

This writ petition is filed seeking the following prayers: - i) issue a writ of mandamus or any other appropriate writ,

order or direction, directing the respondents 1 to 4 to approve

the appointment of the petitioner in the post of UPSA for the period from 01.06.2010 to 31.05.2011 also and grant all the service benefits.

ii) issue a writ of certiorari or any other appropriate writ order

or direction, quashing order No.B4-376/12/K.Dis dated 30.01.2012 (endorsement on Ext.P1) issued by the 4th respondent to the extent to which it denies approval to the petitioner from 01.06.2010 onwards. iii) A writ of mandamus or any other appropriate, writ order or direction, directing the 1st respondent to consider and pass orders on Exts.P2 & P5 representations taking note of Exts.P3 & P4 and grant approval to the petitioner from the date of appointment.

2. Heard the learned counsel for the petitioner and the learned Government Pleader. In view of the directions being issued, notice to the 5th respondent is dispensed with.

3. It is submitted by the learned counsel for the

petitioner that the petitioner was appointed as UPSA w.e.f. 01.06.2010 in the 5th respondent's school. The appointment was not approved on the ground that the appointment of a senior hand as UPSA from 24.08.2009 had not been approved. The appointment of the petitioner was approved only including the petitioner in the teacher's package w.e.f 01.06.2011. The petitioner had earlier approached the Government by Ext.P2, but it is submitted that no orders had been passed thereon. It is submitted that Ext.P3 staff fixation

order for the year in question would show that the existence

of the post necessary to accommodate the petitioner as well. By Ext.P4 judgment, this Court has directed the Government to consider the issue of approval of the senior hands including Smt.Thasnim. It is submitted that, in the above view of the matter, the contention that the appointment of senior hands is not approved is not sustainable. The learned counsel for the petitioner seeks a consideration of Ext.P5 representation submitted by her before the 1st respondent.

4. Having heard the learned Government Pleader

also, there will be a direction to the 1 st respondent to take up, consider and pass orders on Ext.P5 representation preferred by the petitioner with notice to the petitioner as well as the Manger and after hearing them through any appropriate means including video conferencing. Ext.P3 staff fixation order as well as Ext.P4 judgment shall also be taken note of while passing orders as directed above. Appropriate orders shall be passed within a period of three months from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE Bng/05.07.2021 APPENDIX OF WP(C) 12786/2021

PETITIONER Exhibit Exhibit P1 TRUE COPY OF APPOINTMENT ORDER AND ENDORSEMENT OF APPROVAL IN RESPECT OF THE PETITIONER Exhibit P2 TRUE COPY OF REPRESENTATION DATED 1.9.2017 SUBMITTED BY THE PETITIONER Exhibit P3 TRUE COPY OF STAFF- FIXATION ORDER NO.D.DIS B4/5403/2007 DATED 30.12.2007 ISSUED BY THE 4TH RESPONDENT Exhibit P4 TRUE COPY OF COMMON JUDGMENT DATED 29.3.2021 IN WP(C) NO.27009/17 AND 27216/17 Exhibit P5 TRUE COPY OF REPRESENTATION DATED 18.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

Same Court & Year Kerala · 2021 Same Parties PASHA vs The State of Kerala Same Judge Honourable Mrs. Justice Anu Sivaraman