Sreekala R.S vs The State Of Kerala

Citation : 2022 Latest Caselaw 6866 Ker
Judgement Date : 14 June, 2022

Kerala High Court
Sreekala R.S vs The State Of Kerala on 14 June, 2022
           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
       THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944

                   WP(C) NO. 19235 OF 2022

PETITIONER/S:

           SREEKALA R.S.
           AGED 51 YEARS
           WIFE OF VELAPPAN NAIR
           LOWER PRIMARY SCHOOL TEACHER (LPST)
           MEERAN PILLAI MEMORIAL LOWER PRIMARY SCHOOL, KILLY,
           KATTAKKADA, THIRUVANANTHAPURAM-695 572
           (RESIDING AT BALASREE, MLR-12,TC9/1132 MANGALAM LANE,
           SASTHAMANGALAM-695 010, THIRUVANANTHAPURAM DISTRICT).

           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 DEPUTY DIRECTOR OF EDUCATION,
           KILLIPPALAM, P.O. CHALAI,
           THIRUVANANTHAPURAM-695 036.

    4      THE ASSISTANT EDUCATIONAL OFFICER,
           KATTAKKADA, THIRUVANANTHAPURAM-695 572.

    5      THE HEAD MASTER
           MEERAN PILLAI MEMORIAL LOWER PRIMARY SCHOOL, KILLY,
           KATTAKADA, THIRUVANANTHAPURAM-695572.
           (EX-OFFICIO MANAGER, ASSISTANT EDUCATIONAL OFFICER,
           KATTAKADA, THIRUVANANTHAPURAM-695572.)

           SMT NISHA BOSE SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 19235 OF 2022

                                        2


                                 JUDGMENT

The petitioner states that she commenced her regular service in the cadre of L.P.S.T in the 5th respondent school with effect from 03.06.1996 onwards. She contends that consequent to an inspection conducted by the Super Check Cell, orders have been passed by the 2nd respondent reducing one division and consequently one post of L.P.S.A. Petitioner contends that being aggrieved by Exhibits P1 and P2, she has preferred Exhibit P3 Revision Petition before the 1st respondent, which is stated to be pending. The solitary prayer in this Revision Petition is for expeditious consideration of the Revision Petition with due notice.

2. I have heard Sri.M.Sajjad, the learned counsel appearing for the petitioner and the learned Government Pleader.

3. In view of the nature of the order that I propose to pass notice to the 5th 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 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.P3 Revision WP(C) NO. 19235 OF 2022 3 Petition, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorised representative and the 5th 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) If the petitioner files an application for stay of Exhibit P1 and P2 within a period of 10 days from today, the same shall be considered and orders shall be passed within a period of two weeks from the date of filing the said application. Till orders are passed in the stay petition, proceedings pursuant to Exhibit P1 and P2 shall be kept in abeyance.

d) 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. 19235 OF 2022 4 APPENDIX OF WP(C) 19235/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER NO. SC(2)/ 27536/19/DGE DATED 18.01.2020 OF THE 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF THE ORDER NO. SC(2)/ 27536/2019/DGE DATED 05.04.2022 OF THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 20.05.2022. Exhibit P4 TRUE COPY OF THE CERTIFICATE OF UNIQUE IDENTIFICATION AUTHORITY OF INDIA ISSUED ON 11.12.2015.