IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 11984 OF 2022
PETITIONER/S:
PREETHA ANNIE KORULA
AGED 37 YEARS
W/O.MATHEW MATHEW,
THAYIL VADAKKETHIL, KODUKULANJI,
CHENGANNUR - 689 508
(UPPER PRIMARY SCHOOL TEACHER,
C.M.S.HIGH SCHOOL, KUMPLAMPOIKA).
BY ADVS.
S.SUBHASH CHAND
ASWATHY JINADEVAN
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM - 695 014.
3 THE DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
PATHANAMTHITTA - 689 645.
4 THE CORPORATE MANAGER
C.M.S.SCHOOLS, DIVISION OFFICE,
CATHEDRAL ROAD, KOTTAYAM - 686 001.
SMT NISHA BOSE SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 11984 OF 2022
2
JUDGMENT
The petitioner states that she was appointed as Upper Primary School Teacher ("UPST") in the C.M.S High School, Kumplampoika, in an additional division vacancy with effect from 26.07.2019, as is evident from Exhibit P1 order. The grievance of the petitioner concerns the refusal on the part of the 3rd respondent in approving the appointment of the petitioner. Being aggrieved, the petitioner is stated to have preferred Exhibit P7 revision petition before the 1st respondent, which is stated to be pending.
2. When the matter was taken up, Sri. Subhash Chand S., the learned counsel appearing for the petitioner submitted that the petitioner would be satisfied if directions were issued to the 1st respondent to take up and consider Exhibit P7 revision petition in the light of Exhibit P6 order issued by the DEO, Pathanamthitta and P5 declaration filed by the Manager, within a time frame with due notice.
3. I have heard the learned Government Pleader as well. In view of the nature of the order that I propose to pass, notice to the 4th respondent 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 WP(C) NO. 11984 OF 2022 3 circumstances, I am of the view that this writ petition can be disposed of by issuing the following directions:
a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Exhibit P7 adverting to Exhibits P5 and P6, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorized representative and the 4th respondent.
b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of two 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 avs WP(C) NO. 11984 OF 2022 4 APPENDIX OF WP(C) 11984/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER AS UPPER PRIMARY SCHOOL TEACHER WITH EFFECT FROM 26/07/2019 ISSUED BY RESPONDENT NO.4.
Exhibit P2 TRUE COPY OF THE ORDER DATED 26/07/2019 PASSED BY RESPONDENT NO.4.
Exhibit P3 TRUE COPY OF THE ORDER DATED 03/11/2021 PASSED BY RESPONDENT NO.4.
Exhibit P4 TRUE COPY OF THE GOVERNMENT ORDER BEARING GO(P) NO.4/2021/G.EDN. DATED 06/02/2021. Exhibit P5 TRUE COPY OF THE DECLARATION DATED 26/07/2019 SUBMITTED BY RESPONDENT NO.4.
Exhibit P6 TRUE COPY OF THE ORDER DATED 15/01/2022 PASSED BY RESPONDENT NO.3.
Exhibit P7 TRUE COPY OF THE STATUTORY REVISION PETITION DATED 24/02/2022 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.1 UNDER RULE 92 OF CHAPTER XIV A, KER.
Exhibit P8 TRUE COPY OF THE ORDER BEARING NO.A2/41/2022/G.EDN.DATED 04.04.2022 ISSUED BY RESPONDENT NO.1