Disposed

Sindhu Krishna v. State of Kerala

Kerala HC7 Jul 2021WP(C)/13458/2021

Case brief

AI extract

What is this about?

The petitioner, a Lower Primary School Assistant appointed against an additional division vacancy, challenges delays in approval by educational authorities. Seeking certiorari to quash records and mandamus for approval of appointment, the court directed the Director of General Education to consider the pending appeal with notice within three months.

What did the court decide?

Direction to the 2nd respondent to consider the petitioner's pending appeal (Ex.P11) with notice within three months and pass orders after hearing both parties.

Sindhu Krishna Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

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WP(C) NO. 13458 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. 13458 OF 2021

PETITIONER:

SINDHU KRISHNA

AGED 43 YEARS

WIFE OF SUMESH LAL, LOWER PRIMARY SCHOOL ASSISTANT, S N G S S L P SCHOOL, EDAKULAM, THRISSUR DISTRICT - 680686.

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BY ADVS.

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V.A.MUHAMMED M.SAJJAD

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RESPONDENTS:

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1 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, IRJNJALAKUDA, THRISSUR DISTRICT - 680121.

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4 THE ASSISTANT EDUCATIONAL OFFICER IRINJALAKUDA, THRISSUR DISTRICT - 680121.

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5 THE MANAGER S N G S S L P SCHOOL, EDAKULAM, THRISSUR DISTRICT - 680686.

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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. 13458 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-3, P-4 and P-7 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) issue a writ of mandamus or other appropriate writ, order or direction commanding the 4 th Respondent to grant approval to Exhibit P-1 and disburse the attendant benefits forthwith.

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(iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 2 nd Respondent to consider and pass appropriate orders upon Exhibit P-11 after affording an opportunity of being heard to the petitioner within a time limit.”

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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 LPSA in the 5^th respondent's school on 20.10.2017 against an additional division vacancy. Approval was rejected by the AEO and the appeal was also dismissed by the DEO. It is submitted that the Government, by Ext.P8 order dated 06.02.2021, has directed that appointments made against additional division vacancies can be approved on f urnishing due declarations by the manager as provided therein. It is submitted that thereafter, the manager had resubmitted the proposal with

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WP(C) NO. 13458 OF 2021

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the declaration to the AEO, but no orders were passed thereon. Complaining of the delay in considering the proposal accompanied by the declaration, the petitioner has approached the DGE with Ext.P11.

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Having considered the contentions advanced, I am of the opinion that Ext.P11 revision which is pending before the DGE is liable to be considered in accordance with law. There will, accordingly, be a direction to the 2^nd respondent to take up, consider and pass orders on Ext.P11 request preferred by the petitioner, with notice to the petitioner as well as the Manager and after hearing them, through any appropriate means, including video conferencing, within a period of three months from the date of receipt of a copy of this judgment.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

WP(C) NO. 13458 OF 2021

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APPENDIX OF WP(C) 13458/2021

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PETITIONER'S/S EXHIBITS:

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Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 20.10.2017.
Exhibit P2 TRUE COPY OF THE JOINING REPORT ISSUED BY THE HEADMISTRESS OF THE SCHOOL DATED 20.10.2017.
Exhibit P3 TRUE COPY OF THE ORDER NO. E-3087/2017/K.DIS DATED 11.01.2018 OF THE AEO.
Exhibit P4 TRUE COPY OF THE ORDER NO. E-1846/K.DIS DATED 02.08.2018 OF THE AEO.
Exhibit P5 TRUE COPY OF THE APPEAL FILED BEFORE THE DEO BY THE MANAGER DATED 17.02.2018.
Exhibit P6 TRUE COPY OF THE APPEAL FILED BEFORE THE DEO BY THE MANAGER DATED 26.09.2018.
Exhibit P7 TRUE COPY OF THE ORDER NO. B1-1717/18/K.DIS DATED 15.11.2018 OF THE DEO.
Exhibit P8 TRUE COPY OF THE G.O(P) NO. 4/2021/G,EDN DATED 06.02.2021 OF THE GOVERNMENT.
Exhibit P9 TRUE COPY OF THE DECLARATION OF THE PETITIONER DATER 19.03.2021.
Exhibit P10 TRUE COPY OF THE COVERING LETTER OF THE MANAGER DATED 19.03.2021.
Exhibit P11 TRUE COPY OF THE APPEAL PETITION FILED BEFORE THE 2ND RESPONDENT BY THE PETITIONER DATED 21.06.2021, WITHOUT EXHIBITS
RESPONDENT'S/S EXHIBITS: NIL

Sindhu Krishna v. State of Kerala

Case brief

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Sindhu Krishna v. State of Kerala

Case brief

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