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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943 WP(C) NO. 16577 OF 2021 PETITIONER:
DIVYA VIJAYAN. C AGED 27 YEARS, D/O. CHANDRIKA P., CHAITHRAM, THEVAKKARA, ARINALLOOR, KARUNAGARAPPALLY, KOLLAM DISTRICT 690 538.
BY ADVS.
PRATHEESH.P ANJANA KANNATH RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2 THE DIRECTOR OF GENERAL EDCUATION, JAGATHY, THIRUVANANTHAPURAM 695 014.
3 THE DISTRICT EDUCATIONAL OFFICER, CIVIL STATION, KOLLAM CIVIL STATION, KOLLAM 691 013.
4 THE DEPUTY DIRECTOR OF EDUCATION, NEAR MODEL BOYS HIGH SCHOOL, THEVALLY, KOLLAM 691 013.
5 THE ASSISTANT EDUCATIONAL OFFICER, AEO OFFICE, CHAVARA, KOLLAM 695 001.
6 THE MANAGER, KOVOOR UPPER PRIMARY SCHOOL, MYNAGAPPALLY ARINALLOOR P.O., KOLLAM DISTRICT 690 573.
SRI. BIJOY CHANDRAN-SR. G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
This writ petition is filed seeking the following prayers:
“(i) To issue a writ of mandamus directing the 1st respondent to consider and pass orders in Ext.P3 revision in the light of the judgment in W.P.(C).No.11033/2009.
(ii) To issue a writ of mandamus directing the respondents 2 to 5 not to approve the appointments made by the 6th respondent during the pendency of Ext.P3.”
2. Heard the learned counsel for the petitioner and the learned Government Pleader.
3. The petitioner submits that she is the daughter of a teacher working under the 6th respondent's school, who passed away on 22.02.2012. It is submitted that she had claimed appointment in the school which was rejected by the manager by Ext.P1 proceedings. It is submitted that an appeal against the same was also dismissed by the 5th respondent. The petitioner has preferred Ext.P3 revision petition as against Exts.P1 and P2 and seeks a consideration of the same.
4. Having heard the learned Government Pleader also, there will be a direction to the 1st respondent to take up, consider and pass orders on Ext.P3 revision petition preferred by the petitioner, with notice to the petitioner as well as the 6th respondent and after hearing them, through any appropriate means, including video conferencing, within a period of three months from the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE NP APPENDIX OF WP(C) 16577/2021 PETITIONER'S/S EXHIBITS:
Exhibit P1 THE COPY OF THE PROCEEDINGS OF THE 6TH RESPONDENT IN ORDER NO. UPS/K/CE-1/2018 DATED
12.10.2018.
Exhibit P2 THE COPY OF THE ODER NO. C/699/2019 K. DIS DATED 31.5.2019 PASSED BY THE 5TH RESPONDENT.
Exhibit P3 THE COPY OF HE REVISION FILED UNDER CAHPTER XIVA RULE 92 DATED 26.7.2021.
Exhibit P4 THE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED
26.7.2021.
Exhibit P5 THE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED
26.7.2021.
RESPONDENT'S/S EXHIBITS: NIL
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