Silvia Sweety Duram vs Naseema

Raja Vijayaraghavan V, J

The petitioner states that she was initially appointed as HSA at C.C.P.L.M.A.I.H.S.S., Perumanoor, during the period from 17.11.2014 to 31.3.2015 in the leave vacancy of Smt. Carol Subreena Beveira. The proposal for approval of the appointment of the petitioner was however rejected on various grounds by the 4th respondent. Being aggrieved, the petitioner is stated to have approached the 2nd respondent and has preferred Exhibit-P7 revision petition. Seeking expeditious consideration of Exhibit-P7 revision petition, the petitioner is before this Court seeking directions.

Sri. Vijulal, the learned counsel appearing for the petitioner, would rely on the judgment of the Apex Court in State of Kerala v. Sneha Cherian [2013 (1) KLT 775 (SC)], and according to him, the appointment is liable to be approved on a scale of pay basis in view of the law laid down. The learned counsel submitted that as Ext.P7 revision petition is pending consideration, the petitioner would be satisfied if necessary directions are issued for expeditious consideration of the same.

I have heard Sri. Bijoy Chandran, the learned Senior Government Pleader as well.

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 at the admission stage itself by issuing the following directions:

a) There will be a direction to the 2nd respondent to take up, consider and pass appropriate orders on Ext.P7 as per procedure and in adherence to the provisions of law, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her the authorised representative.

b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of three months from the date of production of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.

This writ petition is disposed of.