Deeve Shantel Pigares vs State Of Kerala

Anu Sivaraman, J

This writ petition is filed seeking the following prayers:

“(i) Call for the entire records pertaining to the Exhibit P3 and set aside the same.

(ii) Issue a Writ of Mandamus or any other Writ or Direction, directing to the 2nd respondent to consider Ext.P6, and approve the appointment of Petitioner

forthwith in a time frame manner.

(iii) Direct the 3rd and 4th Respondents to reconsider Ext.P3 in the light of Exhibit P4 judgment within a time frame and approve the appointment of

Petitioner.â€​

Heard the learned counsel for the petitioner and the learned Government Pleader.

It is submitted by the learned counsel for the petitioner that the petitioner had been appointed as LPSA in the 6th respondent school with effect

from 29.08.2018. It is submitted that the petitioner had earlier worked as UPSA on daily wages. It is further submitted that the appointment of the

petitioner as LPSA from 29.08.2018 was declined to be approved by Ext.P3 order on the ground that there is a senior claimant who has yet to get

approval of appointment. It is further stated that the tenure of the manager has ended on 26.05.2018 and that therefore, the appointment of the

petitioner cannot be approved.

Relying on Ext.P4 judgment of this Court, the learned counsel for the petitioner submits that any dispute with regard to management cannot stand in

the way of the approval of the petitioner's appointment. It is submitted that the de-facto doctrine has been applied by this Court in several cases of

identical nature. It is submitted that Ext.P4 is a judgment which pertains to the very same management and this Court had directed the consideration

of approval of appointments made under the very same management during the relevant period.

Having considered the contentions advanced, I notice that the approval has already been rejected by Ext.P3 and the petitioner has taken up the

matter before the DGE in Ext.P6. It is therefore only appropriate that the issue be considered by the DGE after referring to Ext.P4 judgment as well,

without raising objections with regard to the non approval of the manager during the relevant period.

Having heard the learned Government Pleader also, there will be a direction to the 2nd respondent to take up, consider and pass orders on Ext.P6

revision petition 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 two months from the date of receipt of a copy of this judgment. The findings in Ext.P4

judgment shall be specifically referred to by the 2nd respondent while passing orders as directed above. The petitioner shall produce a copy of the writ

petition along with a copy of this judgment before the 2nd respondent for compliance.

This writ petition is ordered accordingly.