Disposed

Judit J.Bivera v. State of Kerala

Kerala HC12 Jan 2021WP(C)/763/2021

Case brief

AI extract

What is this about?

The High Court of Kerala ordered the Government and the 1st respondent to consider and pass orders on the petitioner's revision petition seeking approval for her appointment as L.P.S.A., taking note of documents produced showing alleged non-seniority of claimants.

What did the court decide?

Direction to the 1st respondent to consider and pass orders on the revision petition within three months, after taking note of produced documents.

Judit J.Bivera Vs State of Kerala — Education and Admissions | Kerala HC (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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TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

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WP(C).No.763 OF 2021

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PETITIONER:

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JUDIT J.BIVERA AGED 35 YEARS W/O.SHINE AVERESH, VALLAMARATHINGAL HOUSE, KADUKUTTY, CHALAKUDY-680309, THRISSUR DISTRICT, WORKING AS L.P.S.A, DON BOSCO EUROPEAN PRIMARY SCHOOL, PADIYOOR, VELLANGALLUR VIA, THRISSUR, PIN-680688.

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BY ADV. SRI.V.VIJULAL

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RESPONDENTS:

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

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2 THE DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN-695014.

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3 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM, KAKKANAD, PIN-682030.

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4 ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, IRINJALAKUDA-680121.

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OTHER PRESENT:

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SR.GP - NISHA BOSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.763 OF 2021

JUDGMENT

This writ petition is filed seeking the following reliefs:-

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“i) To issue a writ of mandamus or any other appropriate writ, order or direction to the 4^th respondent to approve the appointment of petitioner as L.P.S.A at D.B.E.P.S Padiyoor with effect from 01.06.2015 in the scale of pay and to disburse the arrears of salary and other allowances due to her within such time fixed by this Hon'ble Court.

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ii) To issue a writ of certiorari or any other appropriate writ, order or direction calling upon the records pertaining to Exhibit P4 and quash the same.

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iii) To issue a writ of mandamus or any other appropriate writ, order or direction to the 1^st respondent to consider and pass orders of Exhibit P9 revision petition within such time fixed by this Hon'ble Court.”

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Heard the learned counsel for the petitioner and the

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learned Government Pleader.

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It is submitted by the learned counsel for the petitioner that Ext.P9 revision petition has been preferred by the petitioner before the Government seeking approval of appointment to the post of L.P.S.A in the 5^th respondent school. It is submitted that the approval has been rejected on the ground that senior claimants' appointments have not been approved. The petitioner

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WP(C).No.763 OF 2021

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has produced Exts.P5 to P8 to show that the claimants, who are mentioned, are not senior claimants and that their appointments already stand approved.

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In the above view of the matter, there will be a direction to the 1^st respondent to take up, consider and pass orders on Ext.P9 revision petition preferred by the petitioner, taking note of Exts.P5 to P8 documents produced by the petitioner as well. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 1^st respondent for compliance. Orders shall be passed as directed above with notice to the petitioner as well as the Manager 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

Bng/12.01.2021

WP(C).No.763 OF 2021

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF APPOINTMENT ORDER DATED 03.06.2013 ALONG WITH APPROVAL OF APPOINTMENT ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P2	TRUE COPY OF APPOINTMENT ORDER DATED 01.06.2015 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P3	TRUE COPY OF ORDER NO.E-1940-15 DATED 29.05.2018 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P4	TRUE COPY OF ORDER NO.F2/4773/2020/DGE K.DIS. DATED 16.12.2020 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P5	TRUE COPY OF APPOINTMENT ORDER DATED 01.06.2015 OF SMT.HONEY SWEET A.J. ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P6	TRUE COPY OF APPOINTMENT ORDER DATED 03.06.2013 OF SMT.CAROLINE D'CUNHA ISSUED BY THE 5TH RESPONDENT ALONG WITH THE ORDER OF APPROVAL.
EXHIBIT P7	TRUE COPY OF ORDER NO.DPI/86042/2018-EC3 DATED 07.09.2020 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P8	TRUE COPY OF LIST OF PROTECTED TEACHERS SO APPOINTED IN VARIOUS SCHOOLS UNDER THE MANAGEMENT OF 5TH RESPONDENT WITH THEIR JOINING DATE.
EXHIBIT P9	TRUE COPY OF REVISION PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 23.12.2020.

Judit J.Bivera v. State of Kerala

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Judit J.Bivera v. State of Kerala

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