Khadeeja P vs The State Of Kerala

Kerala High Court

Khadeeja P vs The State Of Kerala on 17 June, 2022

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
            THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
         FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944

                        WP(C) NO. 19776 OF 2022

PETITIONER/S:

            KHADEEJA P
            AGED 57 YEARS
            WIFE OF MUHAMMED ASJAR, RETIRED HEADMISTRESS,
            LAJNATHUL MUHAMMADIYA HIGHER SECONDARY SCHOOL,
            LAJNATH WARD, ALAPPUZHA-688 001 (RESIDING AT KALEEKKAL
            PADEETTATHIL, MANAPPALLY NORTH P.O., KARUNAGAPPALLY,
            KOLLAM DISTRICT-690574) (M.99471 60159)

            BY ADVS.
            V.A.MUHAMMED
            V.RAJASEKHARAN NAIR


RESPONDENT/S:

     1      THE STATE OF KERALA
            REPRESENTED BY ITS 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
            CIVIL LINES, ALAPPUZHA-688001.

     4      THE DISTRICT EDUCATIONAL OFFICER
            GOVERNMENT GIRLS HIGH SCHOOL JUNCTION, ALAPPUZHA-688011.

     5      THE MANAGER,
            LAJNATHUL MUHAMMADIYA HIGHER SECONDARY SCHOOL,
            LAJNATH WARD, ALAPPUZHA-688 001


            SMT NISHA BOSE, SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION           ON
17.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19776 OF 2022               2


                                    JUDGMENT

This writ petition is filed seeking issuance of directions to the 4th respondent to grant approval to the petitioner as Headmistress in Lajnathul Muhammadiya Higher Secondary School, Alappuzha with effect from 1.6.2015. The petitioner contends that the Manager has preferred Ext.P8 revision petition before the 1st respondent. The prayer in this writ petition is for expeditious consideration of the revision petition.

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

3. In 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.P8 WP(C) NO. 19776 OF 2022 3 revision petition, after affording an opportunity of being heard, either physically or virtually, to the Manager and all other affected parties.

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/-

Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK OF THE PETITIONER.

Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK OF THE PETITIONER.

Exhibit P3 TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK OF THE PETITIONER.

Exhibit P4 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2015.

Exhibit P5 TRUE COPY OF THE LETTER NO. B2/3736/ 2015 DATED 19.11.2016 OF THE DEO, ALAPPUZHA.

Exhibit P6 TRUE COPY OF THE ORDER NO. B2/758/ 2017/K.DIS.2017 DATED 14.02.2017 OF THE DDE, ALAPPUZHA.

Exhibit P7 TRUE COPY OF THE ORDER NO. EC(1)/ 41464/2017/DPI/K.DIS. DATED 28.6.2017 OF THE ADDITIONAL DIRECTOR (GENERAL) ATTACHED TO THE OFFICE OF THE 2ND RESPONDENT.

Exhibit P8 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 02.08.2017 BY THE MANAGER OF THE SCHOOL.

Exhibit P9 TRUE COPY OF THE JUDGMENT IN W.P. (C) NO.

7835/2016 DATED 24.10.2019.

Exhibit P10 TRUE COPY OF THE JUDGMENT IN W.A. 34 NO.

2373/2019 DATED 15.03.2021.

Exhibit P11 TRUE COPY OF THE ORDER NO. 42 1344/C7/2016/RDD/CNGR DATED 29.06.2021 OF THE RDD HSE, CHENGANNUR.

Exhibit P12 TRUE COPY OF THE ERRATUM ORDER NO.

1344/C7/2016/RDD/CNGR DATED 17.08.2021 OF THE RDD HSE, CHENGANNUR.

WP(C) NO. 19776 OF 2022 5

Exhibit P13 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY GRANTED SRI. ASHRAF KUNJU ASAN T.A. FROM 01.06.2015 DATED 14.07.2021.

Exhibit P14 TRUE COPY OF THE LETTER NO. B2/3172/2021 DATED 18.10.2021 OF THE DEO, ALAPPUZHA.

RESPONDENTS EXHIBITS : NIL