Sajisha K vs State Of Kerala

Citation : 2022 Latest Caselaw 7092 Ker
Judgement Date : 17 June, 2022

Kerala High Court
Sajisha K vs 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. 19543 OF 2022

PETITIONER/S:

            SAJISHA K,
            AGED 41 YEARS,
            D/O. RAJENDRAN, AGED 41 YEARS,
            LOWER PRIMARY SCHOOL TEACHER (LPST),
            KUDAKKALAM U.P. SCHOOL, ERANHOLI,
            THALASSERY, KANNUR DISTRICT, PIN 670107.
            (RESIDING AT KUNIYIL HOUSE, CHOODIKOTTA,
            MAHE - 673310, KOZHIKODE DISTRICT).


            BY ADV K.P.SUDHEER


RESPONDENT/S:

     1      STATE OF KERALA
            REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,
            DEPARTMENT OF GENERAL EDUCATION,
            SECRETARIAT, THIRUVANANTHAPURAM,
            PIN - 695001

     2      DIRECTOR OF GENERAL EDUCATION
            OFFICE OF THE DIRECTOR GENERAL OF EDUCATION,
            JAGATHY, THIRUVANANTHAPURAM -
            PIN - 695014

     3      DISTRICT EDUCATIONAL OFFICER,
            DISTRICT EDUCATIONAL OFFICE,
            THALASSERY, KANNUR DISTRICT
            PIN - 670101.

     4      ASSISTANT EDUCATIONAL OFFICER
            OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
            THALASSERY NORTH, KANNUR DISTRICT,
            PIN - 670101.

     5      THE MANAGER,
            KUDAKKALAM U.P. SCHOOL, ERANHOLI,
            THALASSERY, KANNUR DISTRICT
            PIN - 670107.
  WP(C) NO. 19543 OF 2022     2


          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. 19543 OF 2022              3


                                    JUDGMENT

The petitioner states that she was appointed as a Lower Primary School Teacher in the Kudakkalam U.P.School, Eranholi with effect from 15.7.2021 in a retirement vacancy which arose on 31.5.2021. The grievance of the petitioner is that the proposal for approval of the appointment was not approved for trivial reasons. The petitioner is stated to have preferred Ext.P2 appeal before the 2nd respondent. The prayer in this writ petition is for expeditious consideration of Ext.P2 appeal.

2. I have heard Sri. K.P.Sudheer, 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 2nd respondent to WP(C) NO. 19543 OF 2022 4 take up, consider and pass appropriate orders on Ext.P2 appeal, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorized 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) 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 sru WP(C) NO. 19543 OF 2022 5 APPENDIX OF WP(C) 19543/2022 PETITIONER EXHIBITS :

EXHIBIT P1 TRUE COPY OF ORDER NO. B/1787/21 DATED 03.08.2021 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P2 TRUE COPY OF APPEAL DATED 11.11.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF POSTAL RECEIPT DATED 11.11.2021. EXHIBIT P4 TRUE COPY OF CIRCULAR NO. 13402/J2/12/G.EDN DATED 10/04/2012 ISSUED BY THE 1ST RESPONDENT. RESPONDENTS EXHIBITS : NIL