WP(C) NO. 18649 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. 18649 OF 2022
PETITIONER/S:
ANITHA .P.NAIR,
AGED 54 YEARS, WIFE OF SUNIL KUMAR A ,
UPPER PRIMARY SCHOOL TEACHER (UPST),
ESWARA VILASAM UPPER PRIMARY SCHOOL, KOOTHALI,
PARASSALA, THIRUVANANTHAPURAM-695 505 (RESIDING AT
LEKSHMIKA, KANNATHYKONAM, CHERUVALLUR,
KANYAKUMARI-629 152)
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENT/S:
1 THE STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM-695 001
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695 014
3 THE ASSISTANT EDUCATIONAL OFFICER,
PARASSALA, THIRUVANANTHAPURAM-695 502
4 THE MANAGER,
ESWARA VILASAM UPPER PRIMARY SCHOOL, KOOTHALI,
PARASALA, THIRUVANANTHAPURAM-695 505
5 SMT. SHEENA CHRISTEBEL,
HEADMISTRESS (NOT APPROVED),
ESWARA VILASAM UPPER PRIMARY SCHOOL, KOOTHALI,
PARASALA, THIRUVANANTHAPURAM-695 505
SMT. NISHA BOSE, SR. GP
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. 18649 OF 2022 2
JUDGMENT
The petitioner contends she is the senior-most person entitled for appointment to the post of Headmistress in the Eswara Vilasam Upper Primary School, Koothali, Parassala. Ignoring her claim, the 5th respondent was appointed as the Headmistress. Though the said order was challenged before respondents 2 and 3, the same was repelled. In the said circumstances, the petitioner is stated to have preferred Exts.P6 revision petition before the 1st respondent which is stated to be pending.
2. Though various prayers are sought in the writ petition, when this matter came up for consideration, Sri. M. Sajjad, the learned counsel appearing for the petitioner submitted that the limited request at this stage is for issuance of directions to the 1st respondent to consider Ext.P6 revision petition and take a decision within a timeframe with due notice.
3. I have heard the learned 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 WP(C) NO. 18649 OF 2022 3 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.P6 after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorised representative, and the 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 WP(C) NO. 18649 OF 2022 4 APPENDIX OF WP(C) 18649/2022 PETITIONER(S) EXHIBITS :
Exhibit P1 TRUE COPY OF THE G.O. (P) NO.16/2018/GEDN DATED 09.07.2018 OF THE GOVERNMENT Exhibit P2 TRUE COPY OF THE G.O. (P) NO.19/2020/G.EDN.
DATED 23.12.2020 OF THE GOVT.
Exhibit P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 3RD RESPONDENT DATED 20.10.2020 Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 07.03.2020 Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM DATED 04.12.2021 Exhibit P6 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT BY THE PETITIONER DATED 22.05.2022 (WITHOUT EXHIBITS) RESPONDENT(S) EXHIBITS : NIL