Partly allowed

Pasha v. the State of Kerala

Kerala HC5 Jul 2021WP(C)/12786/2021

Case brief

AI extract

What is this about?

Petitioner sought approval for appointment as UPSA from 2010. Writ petitioner directed the Director of General Education to consider her representation within three months, taking note of staff fixation orders and prior judgments, with notice to the school manager.

What did the court decide?

Directed the 1st respondent to consider the petitioner's representation and pass orders within three months, taking notice of other relevant documents.

Pasha Vs the State of Kerala — Education and Admissions | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶4

MONDAY, THE 5^TH DAY OF JULY 2021 / 14TH ASHADHA, 1943 WP(C) NO. 12786 OF 2021

¶5

PETITIONERS:

¶6

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)

¶7

BY ADVS. T.T.MUHAMOOD A.MOHAMMED SAVAD NAZEER HUZAIN.H T.R.VISHNU

¶8

RESPONDENTS:

¶9

1 THE STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001 2 THE DIRECTOR OF GENERAL EDUCATION, DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM 695 014 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 680 685

¶10

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶11

WP(C) NO. 12786 OF 2021

¶12

¶13

JUDGMENT

¶14

This writ petition is filed seeking the following prayers: -

¶15

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.

¶16

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 4^th respondent to the extent to which it denies approval to the petitioner from 01.06.2010 onwards.

¶17

iii) A writ of mandamus or any other appropriate, writ order or direction, directing the 1^st 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.

¶18

Heard the learned counsel for the petitioner and

¶19

the learned Government Pleader. In view of the directions

¶20

being issued, notice to the 5^th respondent is dispensed with.

¶21

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 5^th 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

¶22

¶23

WP(C) NO. 12786 OF 2021

¶24

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 1^st respondent.

¶25

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

¶26

WP(C) NO. 12786 OF 2021

¶27

¶28

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.

¶29

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Bng/05.07.2021

WP(C) NO. 12786 OF 2021

¶35

APPENDIX OF WP(C) 12786/2021

¶36

PETITIONER Exhibit

¶37

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

Pasha v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Pasha v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mohammed Rahmathulla V.P Vs State of Kerala

Bindhu K., Vs Apm Mohammed Hanish

Sujitha Balan Vs Shajan K.S.

M.Kamarullaila, Vs the State of Kerala

Elamaram Yatheem Khana Vs the District Registrar General and Registrar of Societies

Fathima Bind Subair Vs University of Kerala