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2020 Supreme(Online)(KER) 28516
HIGH COURT OF KERALA
Devan Ramachandran, J
SAVITHA UNNIKRISHNAN – Appellant
Versus
STATE OF KERALA, – Respondent
WP(C)/22516/2020
SRI.T.T.MUHAMOOD SRI.A.RENJIT SRI.V.E.ABDUL GAFOOR SRI.A.MOHAMMED SAVAD SRI.C.Y.VINOD KUMAR SHRI.T.R.VISHNU
The court reinforced the necessity for prompt administrative action on educational revisions while maintaining the separation of judicial oversight from administrative decisions.
Headnote:
Education - Writ Petition - KER Rule 92 Chapter XIV A - The court ordered the disposal of revision petitions related to the petitioner’s appointment, emphasizing the need for prompt administrative action while not prejudging the outcome.
Fact of the Case:
The petitioner, an Upper Primary School Teacher, challenged the rejection of her appointment while seeking approval for her service benefits and urging the authorities to expedite the disposal of her revision petitions.
Finding of the Court:
The court found no legal impediment to the revision petitions being taken up and directed the competent authority to dispose of them within a defined time frame, after providing the petitioner an opportunity to be heard.
Issues: Whether the revision petitions filed by the petitioner and the school manager regarding her appointment should be heard and disposed of expediently.
Ratio Decidendi: The court highlighted that while it could direct the handling of the petitions, it reserved the determination of entitlement and relief to the competent authority. The emphasis was on timely disposal without influencing the outcome.
Final Decision: The court directed the competent authorities to dispose of the revision petitions within three months.
JUDGMENT
Dated this the 21st day of October 2020 The petitioner says that she is working as Upper Primary School Teacher in the KPM UP School, TKS Puram, of which the sixth respondent is the Manager. She is impugning Exts.P2 and P3, as per which, her appointment with effect from 13.06.2019 has been rejected; seeking a consequetial direction to the Educational Authorities to approve the same and to grant all her service benefits. The petitioner, however, admits that she has already preferred Ext.P12 statutory Revision before the State of Kerala under Rule 92 Chapter XIV A of the KER and that Ext.P13 revision has also been preferred on the strength of the same provisions by the fifth respondent Manager. The petitioner, therefore, alternatively prays that the same be directed to be taken up and disposed of .
2. However, when this matter was taken up today, the singular prayer made by the petitioner was that Exhibits P12 and P13 Revision Petitions filed by her and the Manager respectively before the first respondent - State of Kerala be directed to be taken up and disposed of at the earliest.
3. The learned Senior Government Pleader submitted that there is no legal impediment in Exhibits P12 and P13 Revision Petitions being taken up and disposed of; but prayed that this Court may not make any affirmative declarations as to the entitlement of the petitioner to any relief and leave it to the competent Authority to take a decision on it in terms of law. In the afore circumstances, I order this writ petition and direct the competent Secretary of the first respondent to take up Exhibits P12 and P13 Revision Petitions and to dispose of the same adverting to Exts.P7 to P11, after affording an opportunity of being heard to her - either physically or through video conferencing - leading to an appropriate decision thereon, as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment.
DEVAN RAMACHANDRAN Stu JUDGE APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF APPOINTMENT ORDER DATED 13/06/2019 ISSUED BY THE MANAGER.
EXHIBIT P2 TRUE COPY OF ORDER NO. B/9878/2019 DATED
22/11/2019 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE ORDER NO. B1-190621/2019 DATED
30/01/2020 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF STAFF FIXATION ORDER NO.
D.DIS/B/41181/2019 DATED 16/07/2019 ISSUED BY TEH 5TH RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE ORDER NO. B1/60342/2019 DATED
15/10/2019 ISSUED BY THE 3RD RESPONDENT IN APPEAL AGAINST THE STAFF FIXATION ORDER.
EXHIBIT P6 TRUE COPY OF STAFF LIST OF KPM UP SCHOOL TKS PURM AS ON 13/06/2019.
EXHIBIT P7 TRUE COPY JUDGMENT RENDERED BY THIS HON'BLE COURT IN REJIMOL VS ASSISTANT EDUCATIONAL OFFICER REPORTED IN 2004 KHC 685 .
EXHIBIT P8 TRUE COPY OF JUDGMENT IN WRIT APPEAL NO.1783/2009.
EXHIBIT P9 TRUE COPY OF ORDER NO. K.DIS/H5/31529/2018/DPI DATED 24/12/2018 ISSUED BY THE ADDITIONAL DPI.
EXHIBIT P10 TRUE COPY OF GO(RT) NO.2462/2018/G.EDN. DATED
30/06/2018.
EXHIBIT P11 TRUE COPY OF GO(RT) NO.4779/2017/G.EDN. DATED
13/12/2017.
EXHIBIT P12 TRUE COPY OF REVISION PETITION SUBMITTED BY THE
1ST PETITIONER BEFORE THE 1ST RESPONDENT ON
11/08/2020.
EXHIBIT P13 TRUE COPY OF REVISION SUBMITTED BY THE MANAGER ON 11/08/2020.
