WP(C) NO. 4735 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 4735 OF 2022
PETITIONER:
P.RAMYA
HST PHYSICAL SCIENCE, THARAGAN HIGH SCHOOL,
ANGADIPURAM, MALAPPURAM - 679 321
BY ADVS.
AUGUSTINE JOSEPH
K.S.ROCKEY
TONY AUGUSTINE
GEORGE RENOY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANTHAPURAM- 695 001
2 THE DISTRICT EDUCATIONAL OFFICER
DOWN HILL, MALAPPURAM-676 505
3 THE MANAGER
THARAGAN HIGH SCHOOL, ANGADIPURAM,
MALAPPURAM-679 321
SMT NISHA BOSE, SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 4735 OF 2022 2
JUDGMENT
The above captioned writ petition is filed seeking the following reliefs:
(i) issue a writ of mandamus or any other writ, order or direction to the 2nd respondent to approve the appointment of the petitioner during the period from 2.6.2008 to 31.3.2009 and to pay all consequential benefits within a time limit.
(ii) issue a writ of mandamus or any other writ, order or direction to the 1st respondent to consider and pass orders on the revision petition, Ext.P8 within a time limit and affording an opportunity of hearing to the petitioner.
2. Sri.Augustine Joseph, the learned counsel appearing for the petitioner submits that the order rejecting the proposal for the appointment cannot be sustained in the light of Ext.P7 judgment rendered by this Court. He prays that directions be issued to the 1st respondent to consider Ext.P8 and take a decision, expeditiously, within a time frame.
3. I have heard Smt.Nisha Bose, the learned Senior Government Pleader and have considered the submissions advanced. In the nature of the order that I propose to pass, notice to the 3rd 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 circumstances, I am of the view that this writ petition can be disposed of by WP(C) NO. 4735 OF 2022 3 issuing the following directions:
a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P8, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorised representative and the 3rd respondent.
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. 4735 OF 2022 4 APPENDIX OF WP(C) 4735/2022 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 2-06-2008 Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER DATED 15-10-2008 Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER DATED 13-12-2008 Exhibit P4 TRUE COPY OF THE ORDER DATED 22-04-2013 Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 28-05-2019 IN W.P(C) NO.40491/2018 Exhibit P6 TRUE COPY OF THE ORDER DATED 21-1-2020 OF THE 2ND RESPONDENT Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 23-11-2021 IN W.P.(C) NO.16453/2020 Exhibit P8 TRUE COPY OF THE REVISION PETITION DATED 15-1-2022 RESPONDENTS' EXHIBITS:
NIL