Disposed

Sona C M v. State of Kerala

Kerala HC14 Sept 2021WP(C)/16903/2021

Case brief

AI extract

What is this about?

High Court directed the State Education Department to consider a revision petition regarding the petitioner's U.P.S.A. appointment pending approval on bond execution. The Court permitted deeming the bond executed and set a three-month timeframe for disposing of the petition with necessary hearings.

What did the court decide?

Direction to the 1st respondent to consider the petitioner's revision petition within three months, with the option to deem the bond executed and provide a hearing.

Sona C M Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

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WP(C) NO. 16903 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 MR. JUSTICE RAJA VIJAYARAGHAVAN V

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TUESDAY, THE 14^TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943

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WP(C) NO. 16903 OF 2021

PETITIONER/S:

SONA C M

AGED 43 YEARS

U.P.S.A, KUTHUPARAMBA HIGH SCHOOL, KUTHUPARAMBA, KANNUR DISTRICT-670643.

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BY ADV POOVAMULLE PARAMBIL ABDULKAREEM

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RESPONDENT/S:

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

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2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHI, THIRUVANANTHAPURAM-695014.

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3 THE DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THALASSERY, KANNUR DISTRICT-670101.

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4 MANAGER, KUTHUPARAMBA HIGH SCHOOL, KUTHUPARAMBA, KANNUR DISTRICT-670643.

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SRI BIJOY CHANDRAN, SR GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 16903 OF 2021

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JUDGMENT

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The petitioner states that she is working as U.P.S.A. in Kuthuparamba High School against a newly created post with effect from 01.07.2009 onwards. Her appointment was rejected by the Educational Authorities on the ground that she was accommodated as UPSA during the economic ban period and the 4th respondent failed to execute a bond in terms of GO(P) No.10/10/G.Edn. dated 12.01.2010. She states that, this Court, while considering similar matters, had directed the Government to consider the petitioners’ request deeming that the Manager had executed the bond. The petitioner submits that her appointment was approved with effect from 01.06.2011 onwards under the “Teachers Package”. It is in the above background that the petitioner is before this Court seeking the following reliefs:-

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“(i) To issue a writ of mandamus or any other appropriate or order or direction directing the 1st respondent to consider and pass final orders on Ext.P6 revision petition dated 21.07.2021 as expeditiously as possible with deeming that the Manager has executed the bond.

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(ii) To issue a writ of certiorari or any other appropriate writ or order quashing Ext.P2 and to the extent denial of approval of appointment in Ext.P1 as it is illegal and unjustifiable.

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(iii) To issue a writ of mandamus or any other appropriate writ or order or direction directing the 3rd respondent to approve the appointment of the petitioner as U.P.S.A. from 01.07.2009 onwards in Kuthuparamba

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WP(C) NO. 16903 OF 2021

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High School and to direct to disburse all consequential monitory benefits to her forthwith.

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Sri. P.P. Abdul Kareem, the learned counsel appearing for the petitioner submitted that in view of the pendency of the revision petition, the limited request of the petitioner is for a direction to the 1st respondent to consider the same and pass orders within a time frame.

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Heard Sri. Bijoy Chandran, the learned Senior Government Pleader. In view of the nature of order that I propose to pass, notice to the 4th respondent is dispensed with.

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After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar and the facts and circumstances, I am of the view that this writ petition can be disposed of by issuing the following directions:

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a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P6, as per procedure and in strict adherence to the provisions of law in the light of the law laid down by this Court in Ext.P5 judgment. An opportunity of being heard, either physically or virtually, shall be afforded to the petitioner or her authorised representative and the 4th respondent.

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b) Orders, as directed above, shall be passed expeditiously, in any

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WP(C) NO. 16903 OF 2021

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event, within a period of three months from the date of production of a copy of this judgment.

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c) It is made clear that it would be open to the 1st respondent to deem

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that the Manager had executed the bond as stipulated in G.O.(P) No.10/10/G.Edn. dated 12.1.2010.

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d) The petitioner shall produce a copy of the writ petition along with the judgment before the concerned respondent for further action.

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This writ petition is disposed of.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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WP(C) NO. 16903 OF 2021

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APPENDIX OF WP(C) 16903/2021

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE APPOINMENT ORDER DATED 01/07/2009 THUS ISSUED BY THE 4TH RESPONDENT Exhibit P2 TRUE COPY OF THE ORDER NO.K.DIS/B6/5341/10 DATED 27/06/2010 ISSUED BY THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE ORIGINAL STAFF FIXATION ORDER NO.5424/09/D.DIS.DATED 11/01/2010 ISSUED BY THE 3RD RESPONDENT Exhibit P4 TRUE COPY OF THE LETTER NO.60930/J2/G.EDN.DATED 25/10/2011 ISSUED BY THE 1ST RESPONDENT. Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 26/7/2017 IN W.A.NO.2592/2015 PASSED BY THIS HON'BLE COURT Exhibit P6 TRUE COPY OF THE REVISION PETITION DATED 21/07/2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 05/02/2021 IN WP(C)NO.3018/2021 ISSUED BY THE THIS HON'BLE COURT.

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RESPONDENTS EXHIBITS:NIL

Sona C M v. State of Kerala

Case brief

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Sona C M v. State of Kerala

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