WP(C) NO. 12808 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 12808 OF 2022
PETITIONER/S:
SUDHAKUMARI P.K.
AGED 51 YEARS,WIFE OF GOPAKUMAR,
FORMER UPPER PRIMARY SCHOOL TEACHER,
V K N M VOCATIONAL HIGHER SECONDARY SCHOOL,
VAYYATTUPUZHA - 689 663
(RESIDING AT PERUMPETTETH POST
MALAYALAPUZHA THAZHAM,
PATHANAMTITTA DISTRICT - 689 666).
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 DEPUTY DIRECTOR OF EDUCATION
PATHANAMTHITTA @ THIRUVALLA - 689 101.
3 THE DISTRICT EDUCATIONAL OFFICER
CIVIL STATION, PATHANAMTHITTA - 689 645.
4 THE MANAGER
V K N M VOCATIONAL HIGHER SECONDARY SCHOOL,
VAYYATTUPUZHA, PATHANAMTHITTTA DISTRICT - 689 663.
5 THE PRINCIPAL
V K N M VOCATIONAL HIGHER SECONDARY SCHOOL,
VAYYATTUPUZHA, PATHANAMTHITTA DISTRICT - 689 663.
SMT. SABEENA P ISMAIL, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12808 OF 2022 2
JUDGMENT
The petitioner contends that she had got various spells of approved service in the VKNM Vocational Higher Secondary School and in view of the above, she is a Rule 51A claimant. When retirement vacancies arose in the school, the petitioner claimed reappointment. It is contended that though in terms of the directions issued by this Court in W.P.(C) No.16421 of 2021, directions were issued by the DEO, the Manager refused to comply with those directions. Later, the order passed by the DEO was varied by the DDE. Being aggrieved by the aforesaid order, the petitioner is stated to have preferred Ext.P13 revision petition before the Government. It is in the afore circumstances that the petitioner is before this Court seeking directions.
2. Sri. V.A. Muhammed, the learned counsel appearing for the petitioner submitted that the limited request of the petitioner at this stage is for an expeditious consideration of Ext.P13 revision petition. It is also prayed that till orders are passed on Ext.P13, proceedings pursuant to Ext.P12 be kept in abeyance.
3. I have heard Smt.Sabeena P. Ismail, the learned Government Pleader WP(C) NO. 12808 OF 2022 3 and have considered the submissions. In 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.P13, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorised representative and the party respondents. Until orders are passed on Ext.P13, proceedings pursuant to Ext.P12 shall be kept in abeyance.
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 WP(C) NO. 12808 OF 2022 4 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 WP(C) NO. 12808 OF 2022 5 APPENDIX OF WP(C) 12808/2022 PETITIONER(S) EXHIBITS :
Exhibit P1 TRUE COPY OF THE G.O.(P) NO.31/2006/G.EDN.
DATED 19/01/2006.
Exhibit P2 TRUE COPY OF THE G.O.(P) NO.4/2021/G.EDN.
DATED 06/02/2021.
Exhibit P3 TRUE COPY OF G.O.(RT) NO.486/2020/G.EDN.
DATED 24/01/2020.
Exhibit P4 TRUE COPY OF THE G.O.(RT) NO.1817/2021/G.EDN. DATED 20/02/2021.
Exhibit P5 TRUE COPY OF THE G.O(RT) NO.1871/2021/G.EDN. DATED 23/02/2021.
Exhibit P6 TRUE COPY OF THE G.O.(RT) NO.1867/2021/G.EDN. DATED 23/02/2021. Exhibit P7 TRUE COPY OF THE GOVERNMENT LETTER NO.37431/2000/G.EDN. DATED 09/10/2000. Exhibit P8 TRUE COPY OF THE LETTER ADDRESSED TO THE MANAGER BY THE PETITIONER DATED 22/07/2021. Exhibit P9 TRUE COPY OF THE LETTER ADDRESSED TO THE DEO, PATHANAMTHITTA BY THE PETITIONER DATED 22/07/2021.
Exhibit P10 TRUE COPY OF THE JUDGMENT IN WP(C) NO.16421/2021 DATED 12/08/2021.
Exhibit P11 TRUE COPY OF THE ORDER NO.B3/5906/2021 DATED 18/09/2021 OF THE DEO, PATHANAMTHITTA.
Exhibit P12 TRUE COPY OF THE ORDER NO.B4/10402/2021 DATED 14/03/2022 OF THE AEO, PATHANAMTHITTA.
Exhibit P13 TRUE COPY OF THE REVISION PETITION IS SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 25/03/2022.
RESPONDENT(S) EXHIBITS : NIL