Disposed

V.K.Sreereshmy v. the State of Kerala

Kerala HC7 Jul 2021WP(C)/13418/2021

Case brief

AI extract

What is this about?

The High Court of Kerala directed the State to consider a revision petition filed by a teacher regarding appointment approval and recovery orders, deferring recovery pending disposal.

What did the court decide?

Direction to the 1st respondent to consider the petitioner's revision petition (Exhibits. P-11) within three months; recovery ordered against petitioner (Exhibit P-10) deferred.

V.K.Sreereshmy Vs the State of Kerala — Education and Admissions | Kerala HC (2021)

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WP(C) NO. 13418 OF 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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WEDNESDAY, THE 7^TH DAY OF JULY 2021 / 16TH ASHADHA, 1943

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WP(C) NO. 13418 OF 2021

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PETITIONER:

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V.K.SREERESHMY AGED 31 YEARS

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W/O.SAJITH, UPST, SABTMHSS, THAYINERI, PAYYANNUR, KANNUR DISTRICT - 670307.

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BY ADVS. V.A.MUHAMMED M.SAJJAD

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, ANNEXE -II, THIRUVANANTHAPURAM - 695001.

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2 THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM - 695014,

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3 THE DISTRICT EDUCATIONAL OFFICER TALIPARAMBA, KANNUR DISTRICT - 670141.

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4 THE MANAGER, SABTMHSS, THAYINERI, PAYYANNUR, KANNUR DISTRICT- 670307.

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5 PRINCIPAL SABTMHSS, THAYINERI, PAYYANNUR, KANNUR DISTRICT - 670307.

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SRI.T.RAJASEKHARAN NAIR- SR. G.P.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 13418 OF 2021

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JUDGMENT

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This writ petition is filed seeking the following prayers:

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“(i) call for the records relating to Exhibits P-9 and P-10 and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.

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(ii) declare that Petitioner is entitled to have approval from 02.06.2016 onwards.

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(iii) a writ of mandamus or other appropriate writ, order or direction commanding the 1^st Respondent to consider and pass orders up on Exhibit P-11, keeping in abeyance Exhibits P-9 and P-10, within a time limit and with notice to the Petitioner.

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Heard the learned counsel for the petitioner and the learned Government Pleader.

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It is submitted by the learned counsel for the petitioner that the petitioner is appointed as UPSA in a regular vacancy with effect from 02.06.2016. The appointment was approved by Ext.P5 from 02.06.2016 to 14.07.2017. However, it is submitted that by Ext.P9 proceedings, the approval of the appointment of the petitioner by Ext.P5 has been recalled on the ground that there are senior claimants whose appointments were not approved. By Ext.P10, recovery has also been ordered against the petitioner. The petitioner has approached the Government with Ext.P11 revision petition and seeks a consideration thereon before recovery is

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WP(C) NO. 13418 OF 2021

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effected from her.

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Having heard the learned Government Pleader also, there will be a direction to the 1^st respondent to take up Ext.P11 revision petition preferred by the petitioner, with notice to the petitioner as well as the Manager and any other person likely to be affected by the order to be passed on Ext.P11 and to pass orders thereon, within a period of three months from the date of receipt of a copy of this judgment. It is made clear

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that the hearing can be conducted through any appropriate means, including video conferencing. Till orders are passed on Ext.P11, recovery ordered against the petitioner by Ext.P10 shall stand deferred.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

WP(C) NO. 13418 OF 2021

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APPENDIX OF WP(C) 13418/2021

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PETITIONER'S/S EXHIBITS:

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Exhibit P1	TRUE COPY OF THE GO(P) NO.3/2019/G.EDN. DATED 28.02.2019.
Exhibit P2	TRUE COPY OF THE CIRCULAR NO.J2/57/2019/G.EDN DATED 08.03.2019.
Exhibit P3	TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 02.06.2016.
Exhibit P4	TRUE COPY OF THE ORDER NO. B3/2864/16/K.DIS DATED 27.10.2016 OF THE DEO, TALIPARAMBA.
Exhibit P5	TRUE COPY OF THE APPROVAL ORDER OF THE PETITIONER VIDE NO.B3/2331/19/K.DIS DATED 02.11.2019 OF THE DEO, TALIPARAMBA.
Exhibit P6	TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE MANAGER BEFORE THE DIRECTOR DATED 29.06.2020.
Exhibit P7	TRUE COPY OF THE HEARING NOTICE NO.EM4/6898/2020/DGE DATED 23.02.2021.
Exhibit P8	TRUE COPY OF THE ARGUMENT NOTES FURNISHED BY THE MANAGER BEFORE THE DIRECTOR DATED 04.03.2021.
Exhibit P9	TRUE COPY OF THE ORDER NO. EM4/6898/2020/DGE DATED 18.05.2021 OF THE DIRECTOR.
Exhibit P10	TRUE COPY OF THE ORDER NO. B3/2329/21 DATED 18.06.2021 OF THE DEO, TALIPARAMBA.
Exhibit P11	TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 30.06.2021 (WITHOUT ANNEXURE)

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RESPONDENT'S/S EXHIBITS: NIL

V.K.Sreereshmy v. the State of Kerala

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V.K.Sreereshmy v. the State of Kerala

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