DR. BISHA C.M. v. THE STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE N.NAGARESH
Judgment date:
Case summary
High Court of Kerala judgment dated 2025-04-04. DR. BISHA C.M. v. THE STATE OF KERALA. Read the judgment and case details on LawSphereX.
Judgment text
2025:KER:29398 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE N. NAGARESH TH FRIDAY, THE 4 DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 13921 OF 2025 PETITIONER: DR. BISHA C. M. AGED 48 YEARS, W/O SARATHCHANDRAN P. , HSST(PHILOSOPHY),PRM HSS, PANOOR, PANOOR, THALASSERY, KANNUR DISTRICT- (RESIDING ATCHERUVAKKAN MADATHIL, ANIYARAM P. O. , CHOKLY, THALASSERY, KANNUR DISTRICT), PIN – 670692. BY ADVS. V. A. MUHAMMED M. SAJJAD P. A. JENZIA RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM, PIN – 695001. 2 THE DIRECTOR OF GENERAL EDUCATION, (HIGHER SECONDARY WING, NEW BUILDING, ULLOOR LANE,JAGATHY, THIRUVANANTHAPURAM, PIN – 695014. W. P. (C)No. 13921 of 2025 :2: 2025:KER:29398 3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, OFFICE OF THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, KANNUR, PIN – 670002.
4 THE MANAGER, PRM HSS, PANOOR, PANOOR, THALASSERY, KANNUR DISTRIC, PIN – 670692. 5 THE PRINCIPAL, PRM HSS, PANOOR, PANOOR, THALASSERY, KANNUR DISTRICT, PIN – 670692. BY ADV. SMT. ANIMA M. , GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04. 04. 2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W. P. (C)No. 13921 of 2025 :3: 2025:KER:29398 J U D G M E N T th Dated this the 4 day of April, 2025 PRM HSS, Panoor is an Aided School situated under the Administrative jurisdiction of the RDD HSE, Kannur. The petitioner was appointed as HSST (Philosophy) in the School against a newly created post with effect from 12. 09. 2011 onwards. The appointment was approved as HSST (Philosophy), however, only with effect from 01. 10. 2013. 2. Seeking approval from the initial date of appointment from 12. 09. 2011 onwards, the Manager moved representation before the RDD HSE, Kannur, but it was returned stating that the post was not then sanctioned.
The petitioner submits that the petitioner had been working all along from 12. 09. 2011 without any break. The petitioner filed W. P. (C) W. P. (C)No. 13921 of 2025 :4: 2025:KER:29398 No. 10067 of 2016 to get approval with effect from the date of initial appointment. But it has not been complied with till date. 3. The petitioner submits that the petitioner has been working as HSST with effect from 12. 09. 2011 onwards. Hence, the petitioner is entitled to get approval from the date of initial appointment. The petitioner further states that as per G. O(MS) No. 167/2011/G. Edn. dated 03. 08. 2011, additional batches were sanctioned and the post of HSST (Philosophy) was created in the School. The petitioner was appointed with effect from 12. 09. 2011 onwards in the said post. In an identical case, one HSST (Economics) Smt. Praseena M, from the very same School, filed W. P. (C) No. 13664 of 2018 seeking approval from the date of initial appointment as HSST. 4.
This Court has directed in numerous cases that approval be granted to the Teachers appointed in the additional batches and posts, with effect from the date of W. P. (C)No. 13921 of 2025 :5: 2025:KER:29398 appointment. Hence, the petitioner is also entitled to get approval to her appointment as HSST Philosophy with effect from 12. 09. 2011. For the purpose, the petitioner moved the Government seeking approval to her appointment as HSST (Philosophy) with effect from 12. 09. 2011. 5. I have heard the learned Counsel for the petitioner and the learned Government Pleader representing respondents 1 to 3. 6. The petitioner would contend that there is no justification in denying approval to the appointment of the petitioner as HSST (Philosophy) with effect from 12. 09. 2011. The petitioner had worked all along from 12. 09. 2011 without any break. 7. Considering the facts of the case, I am of the st view that the 1 respondent should consider Ext.
P8 revision petition filed by the petitioner, expeditiously. W. P. (C)No. 13921 of 2025 :6: 2025:KER:29398 The writ petition is accordingly disposed of directing the st 1 respondent to consider Ext. P8 revision petition and pass appropriate orders thereon within a period of four months. Sd/- N. NAGARESH JUDGE ams W. P. (C)No. 13921 of 2025 :7: 2025:KER:29398 APPENDIX OF WP(C) 13921/2025 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE PROCEEDINGS OF THE RDD HSE,KANNUR VIDE ORDER NO. A5/336/2014/K. DIS DATED 21. 04. 2014 Exhibit P-2 TRUE COPY OF THE LETTER OF THE MANAGER ADDRESSING THE RDDE HSE ,KANNUR DATED 06. 02. 2015 Exhibit P-3 TRUE COPY OF THE COMMUNICATION VIDE NO. A5/861/2015/N. DIS DATED 27. 03. 2015 OF THE RDD HSE TO THE MANAGER Exhibit P-4 TRUE COPY OF THE JUDGMENT IN W. P. (C) NO. 10067/2016 DATED 18. 12.
2017 Exhibit P-5 TRUE COPY OF THE RELEVANT PAGES OF THE ATTENDANCE REGISTER FOR THE MONTH OF SEPTEMBER 2011 Exhibit P-5 (a) TRUE COPY OF THE RELEVANT PAGES OF THE ATTENDANCE REGISTER FOR THE MONTH OF NOVEMBER 2012 Exhibit P-5 (b) TRUE COPY OF THE RELEVANT PAGES OF THE ATTENDANCE REGISTER FOR THE MONTH OF DECEMBER 2012 Exhibit P-5 (c) TRUE COPY OF THE RELEVANT PAGES OF THE ATTENDANCE REGISTER FOR THE MONTH OF JANUARY 2013 Exhibit P-5(d) TRUE COPY OF THE RELEVANT PAGES OF THE ATTENDANCE REGISTER FOR THE MONTH OF JUNE 2013 W. P. (C)No. 13921 of 2025 :8: 2025:KER:29398 Exhibit P-6 TRUE COPY OF THE JUDGMENT IN W. P. (C) NO. 13664/2018 DATED 24. 05. 2024 Exhibit P-7 TRUE COPY OF THE JUDGMENT IN W. P(C) NO. 18339/2016 DATED 20. 05. 2024 Exhibit P-8 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 20. 03. 2025 (WITHOUT EXHIBITS ) Exhibit P-9 TRUE COPY OF THE ORDER NO. RDD HSE/KNR/2349/2024-B2 (1) DATED 25. 02. 2025 OF THE RDD HSE, KANNUR
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