WP(C)/45792/2024 of ANITHA SEBASTIAN Vs THE STATE OF KERALA on 20 December 2024

JUDGMENT

Dated this the 20[th] day of December, 2024

The appointment of the petitioner under the 4[th]

respondent Management as permanent UPSA was approved on Daily Wages from 23.06.2008 to 31.03.2009 and on salaryscale of permanent Teacher from 01.06.2010 onwards, by the 3[rd] respondent, holding that the first spell of appointment is notfor the entire academic period.

2. The Appeal preferred by the management was dismissed without considering the facts. Therefore, thepetitioner submitted Ext.P7 Appeal before the 1[st] respondent.Ext.P8 reply under Right to Information Act evidences thatExt.P7 Appeal is still pending. The petitioner is entitled for regularization of her appointment from 23.06.2008. Hence, thepetitioner has filed this writ petition.

3. Government Pleader pointed out that Ext.P7submitted by the petitioner is dated 12.09.2012.

4. Counsel for the petitioner would point out that as per the information received, as per Ext.P8, the saidrepresentation has not been considered so far.

5. Taking into consideration the facts of the case, I am of the view that if no decision is taken on Ext.P7 so far,then the 1[st] respondent can consider the same and decide thematter in accordance with law.

The writ petition is accordingly disposed of directing the 1[st] respondent to consider Ext.P7, if the said representation isstill pending, and take appropriate decision thereon within aperiod of four months. If order is already passed on Ext.P7, thepetitioner shall be provided with a copy of the order.

Sd/-

N.NAGARESH

JUDGE

Cak

P.T.O

The date ‘01.06.2010’ appearing on the 4[th] line of thefirst paragraph of the judgment dated 20.12.2024 in WP (C) No.

45792/2024 is corrected and replaced by the date ‘01.06.2009’as per order dated 01.04.2025 in I.A.No.1/2025 in WP (C) No.45792/2024.

Sd/-Joint Registrar

WP(C) No.45792 of 2024

APPENDIX OF WP(C) 45792/2024

PETITIONER’S EXHIBITS

EXHIBIT P-1THE TRUE COPY OF THE APPOINTMENT ORDERDATED 23.06.2008 ISSUED BY THE 4[TH]RESPONDENT TO THE PETITIONER.

EXHIBIT P-2THE TRUE COPY OF THE ORDER DATED20.02.2009 ISSUED BY THE 3[RD] RESPONDENT.20.02.2009 ISSUED BY THE 3[RD] RESPONDENT.

EXHIBIT P-3THE TRUE COPY OF THE PROCEEDINGS DATED19.06.2010 OF THE 2[ND ]RESPONDENT.19.06.2010 OF THE 2[ND ]RESPONDENT.

EXHIBIT P-4THE TRUE COPY OF THE PROCEEDINGS DATED28.07.2010 OF THE 2[ND] RESPONDENT.28.07.2010 OF THE 2[ND] RESPONDENT.

EXHIBIT P-5THE TRUE COPY OF THE APPOINTMENT ORDERAPPROVED BY THE 3[RD ]RESPONDENT.APPROVED BY THE 3[RD ]RESPONDENT.

EXHIBIT P-6THE TRUE COPY OF THE PROCEEDINGS DATED02.11.2011 OF THE 3[RD ]RESPONDENT.02.11.2011 OF THE 3[RD ]RESPONDENT.

EXHIBIT P-7THE TRUE COPY OF THE APPEAL DATED12.09.2012 SUBMITTED BY THE PETITIONERBEFORE THE 1[ST] RESPONDENT.12.09.2012 SUBMITTED BY THE PETITIONERBEFORE THE 1[ST] RESPONDENT.

EXHIBIT P-8A TRUE COPY OF REPLY DATED 17.10.2024RECEIVED BY THE PETITIONERRECEIVED BY THE PETITIONER