WP(C) NO. 12964 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
WP(C) NO. 12964 OF 2022
PETITIONER:
SALINI K.,
AGED 43 YEARS
W/O. RAJAGOPAL G., UPST, T.R. KUNJIKRISHNAN U.P.
SCHOOL, VALANCHERY, MALAPPURAM-676552, RESIDING AT
KARATTIL HOUSE, KAIPURAM P.O., NADUVATTAM VIA,
PATTAMBI, PALAKKAD-679308.
BY ADV J.G.SYAMNATH
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF GENERAL EDUCATION,
DIRECTORATE OF GENERAL EDUCATION, JAGATHY P.O.,
THIRUVANANTHAPURAM-695014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION. DOWNHILL
P.O., MALAPPURAM-676519.
4 THE DISTRICT EDUCATIONAL OFFICER,
TIRUR, CIVIL STATION, TIRUR P.O., MALAPPURAM
DISTRICT-676101.
5 THE ASSISTANT EDUCATIONAL OFFICER,
KUTTIPURAM, OFFICE OF THE ASSISTANT EDUCATIONAL
OFFICER, P.O. KUTTIPURAM, MALAPPURAM DISTRICT-
679571.
6 THE MANAGER,
T.R. KUNJIKRISHNAN U.P. SCHOOL, VALANCHERY,
VALANCHERY P.O., MALAPPURAM DISTRICT-676552.
WP(C) NO. 12964 OF 2022 2
7 RAJI K.P.,
UPST, T.R. KUNJIKRISHNAN U.P. SCHOOL, VALANCHERY,
MALAPPURAM-676552.
SRI PREMCHAND R NAIR, SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 12964 OF 2022 3
JUDGMENT
The petitioner states that she is presently working as UPST in TR Kunjikrishnan UP School, Valanchery in an additional vacancy which arose in the school during the academic year 2016-2017. The grievance of the petitioner is that the approval of the appointment was rejected by the Government. The petitioner contends that being aggrieved, the Manager has preferred a revision petition before the Government which was finally disposed of by Ext.P3 order directing the 5th respondent to take a decision. The 5th respondent has passed Ext.P4 order rejecting the same. Challenging the same, the Manager had preferred a revision petition before the Government which is stated to be pending. It is submitted that the petitioner has also preferred Ext.P6 revision petition before the 1st respondent which is also pending. The prayer in this writ petition is for a consideration of Ext.P6 revision petition filed by the petitioner along with the one filed by the Manager before the 1st respondent within a time frame.
2. Heard the learned counsel appearing for the petitioner and the learned Government Pleader. In the nature of the order that I propose to pass, notice to the respondents 6 and 7 are dispensed with.
3. After having carefully evaluated the contentions raised in this writ WP(C) NO. 12964 OF 2022 4 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 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.P6, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorised representative and the respondents 6 and 7. If the revision petition filed by the Manager has not been disposed of, Ext.P6 shall be considered along with the same.
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 to ensure compliance.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE IAP WP(C) NO. 12964 OF 2022 5 APPENDIX OF WP(C) 12964/2022 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE APPOINTING ORDER DATED 01/08/2016 ISSUED BY THE MANAGER.
Exhibit P2 TRUE COPY OF THE ORDER DATED 17/09/2016 ISSUED BY THE 5TH RESPONDENT.
Exhibit P3 TRUE COPY OF THE GOVERNMENT ORDER DATED 25/02/2021.
Exhibit P4 TRUE COPY OF THE ORDER DATED 30/03/2021 ISSUED BY THE 5TH RESPONDENT.
Exhibit P5 TRUE COPY OF THE REPORT SUBMITTED BY THE 5TH RESPONDENT BEFORE THE GOVERNMENT.
Exhibit P6 TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER DATED 30/03/2022.
RESPONDENTS' EXHIBITS:
NIL