IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 2ND DAY OF JUNE 2022 / 12TH JYAISHTA, 1944 WP(C) NO. 17865 OF 2022 PETITIONER/S: BINDU JOSEPH, AGED 47 YEARS WIFE OF SUNIL PP, HIGHER SECONDARY SCHOOL TEACHER (MALAYALAM), ST. EPHRAIM'S HIGHER SECONDARY SCHOOL, MANNANAM, KOTTAYAM-686 561 (RESIDING AT KOTTODATHIL, KOTHANALLUR, KOTTAYAM-686 632).
BY ADVS.
V.A.MUHAMMED M.SAJJAD RESPONDENT/S:
1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF GENERAL EDUCATION, (HIGHER SECONDARY EDUCATION WING), HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001.
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, VAYASKARAKUNNU, KOTTAYAM-686 001.
4 THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY OF C MI SCHOOLS, CHANGANACHERRY, KOTTAYAM-686 101.
5 THE PRINCIPAL, ST. EPHRAIM'S HIGHER SECONDARY SCHOOL, MANNANAM, KOTTAYAM-686 561.
SMT. NISHA BOSE, SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioner states that she is the senior-most HSA (Malayalam) who is entitled to get by transfer appointment as HSST against the retirement vacancy with effect from 15.07.2021. She was consequently appointed by the 4th respondent as HSST in Malayalam. However, the proposal for approval of the appointment was rejected by the 3rd respondent. The said order was upheld later by the higher authorities. The petitioner states that she has now preferred Ext.P7 review petition seeking to review Ext.P6 order of the Government which is stated to be pending.
2. When this matter was taken up for consideration, Sri. V.A.
Muhammed, the learned counsel appearing for the petitioner submitted that the limited request of the petitioner is for a direction to the 1st respondent to consider and take a decision on Ext.P7 in the light of Exts.P10 to P12 after affording an opportunity of being heard to the petitioner.
3. I have heard Smt. Nisha Bose, the learned Senior Government Pleader. In view of the nature of the order that I propose to pass, notice to respondents 4 and 5 is dispensed with.
4. 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 1st respondent to take up, consider and pass appropriate orders on Ext.P7 in the light of Exts.P10 to P12, as per procedure and in accordance with law, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorised representative and respondents
4 and 5.
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.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE NS APPENDIX OF WP(C) 17865/2022 PETITIONER(S) EXHIBITS :
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 15.07.2021.
Exhibit P2 TRUE COPY OF THE ORDER NO. A4/2604/
2021/RDD/KTM DATED 16.09.2021 OF THE 3RD RESPONDENT.
Exhibit P3 TRUE COPY OF THE ORDER NO.
ACD.B4/215392/2021/HSE DATED 24.02.2022 OF THE 2ND RESPONDENT.
Exhibit P4 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 07.03.2022 BY THE CORPORATE MANAGER.
Exhibit P5 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 21.04.2022 BY THE PETITIONER.
Exhibit P6 TRUE COPY OF THE G.O. (RT.) NO.
3122/2022/GEDN DATED 23.05.2022 OF THE GOVERNMENT.
Exhibit P7 TRUE COPY OF THE REVIEW PETITION FILED BEFORE THE GOVERNMENT DATED 26.05.2022 (WITHOUT EXHIBITS)
Exhibit P8 TRUE COPY OF THE G.O. (RT.) NO.
247/2019/G.EDN. DATED 21.01.2019 OF THE GOVT.
Exhibit P9 TRUE COPY OF THE G.O. (MS.) NO.
141/2008/G.EDN. DATED 18.08.2008 OF THE GOVT.
Exhibit P10 TRUE COPY OF THE JUDGMENT IN W.A. NO.
280/2020 DATED 16.09.2020.
Exhibit P11 TRUE COPY OF THE ORDER NO.
3824/C7/2021/RDD/CNGR DATED 22.01.2022 OF THE RDD HSE, CHENGANNUR.
Exhibit P12 TRUE COPY OF THE G.O. (RT.) NO.
2761/2022/GEDN DATED 04.05.2022 OF THE GOVT.
RESPONDENT(S) EXHIBITS : NIL
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.