Disposed

Swapna E.P. v. State of Kerala

Kerala HC3 Dec 2019WP(C)/23970/2019

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition challenging the pendency of the petitioner's appointment approval. The Court directed the concerned authority to decide the proposal within a month after providing notice of hearing to the parties.

What did the court decide?

Direction to take a decision on the proposal application in respect of the petitioner within one month after providing notice of hearing.

Swapna E.P. Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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TUESDAY, THE 03RD DAY OF DECEMBER 2019 / 12TH AGRAHAYANA, 1941 WP(C).No.23970 OF 2019(U)

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PETITIONER/S:

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SWAPNA E.P. HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), AZHIKODE HIGHER SECONDARY SCHOOL, AZHIKODE, KANNUR-670 009.

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BY ADVS. SRI.BRIJESH MOHAN SMT.RESMI G. NAIR

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RESPONDENT/S:

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1 STATE OF KERALA

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REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM-695014.

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3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION REGIONAL OFFICE, KANNUR-670 001.

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4 THE MANAGER

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AZHIKODE HIGHER SECONDARY SCHOOL, AZHIKODE, KANNUR-670 009.

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R1 TO R3 - BY SRI.P.M.MANOJ,SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.23970 OF 2019

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JUDGMENT

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This writ petition is filed by the petitioner

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seeking the following reliefs:-

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“(i) Issue a writ of mandamus or any other writ, order or direction directing the 3^rd respondent to consider and pass orders on the question of approval of appointment of the petitioner as HSST English as per Ext.P4 without delay.

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(ii) Pass such other order or direction as this Hon'ble Court may deem fit and proper on the facts and circumstances of the case.”

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Basic case projected by the petitioner is

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that, petitioner was appointed as Higher Secondary School teacher (English) on regular basis during 2019-2020. The proposal for approval of appointment is pending consideration before the 3^rd respondent. It is also pointed out that, petitioner is working without salary, and unless and until a direction is issued to finalize the approval proceedings, petitioner would be put to serious prejudice.

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A detailed counter affidavit is filed by the

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3^rd respondent raising various contentions, and among

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WP(C).No.23970 OF 2019

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the same it is stated that, it was decided to seek

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clarification from the Director General of Education, and accordingly, a communication dated 15.10.2019, marked as Exhibit R3(d) was forwarded to the Director, and on receipt of the clarification from the Director, a decision will be taken.

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Today when the matter is taken up, learned Senior Government Pleader has produced an order dated 21.11.2019, from where I am satisfied that, already clarification is issued by the Director General of Education. In that view of the matter, it is only appropriate that the writ petition is disposed of with suitable directions.

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After having heard learned counsel for the

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petitioner and learned Senior Government Pleader, this writ petition is disposed of, directing the Regional Deputy Director of Higher Secondary Education, Regional Office, Kannur, to take a decision in the proposal application submitted by the Manager in respect of the petitioner, at the earliest and at any rate, within a month from the date of receipt of a copy of this judgment, after providing notice of hearing to the petitioner as

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WP(C).No.23970 OF 2019

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well as the Manager.

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The writ petition is disposed of accordingly.

Sd/-

SHAJI P.CHALY

JUDGE

03.12.2019

WP(C).No.23970 OF 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF ORDER NO.A2/1177/2017/K.DIS DATED 28.7.2017 ISSUED BY THE 3RD RESPONDENT.

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EXHIBIT P2 TRUE COPY OF ORDER NO.A2/1176/2017 DATED 2.8.2017. ISSUED BY THE 3RD RESPONDENT.

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EXHIBIT P3 TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY THE PRINCIPAL OF THE SCHOOL.

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EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER DATED 10.7.2019 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT R3(a) TRUE COPY OF THE STAFF FIXATION ORDER NO. A2/7558/2017 DATED 06.12.2017 EXHIBIT R3(b) TRUE COPY OF THE COMPLAINT DATED 14.01.2019 EXHIBIT R3(c) TRUE COPY OF THE JUDGMENT DATED 05.07.2019 IN WP(C) NO.18427/2019 EXHIBIT R3(d) TRUE COPY OF THE PROCEEDINGS NO. A9/584/2019 DATED 15.10.2019

Swapna E.P. v. State of Kerala

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Swapna E.P. v. State of Kerala

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