WP(C) NO. 20384 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 20384 OF 2022
PETITIONER/S:
ANGELA JOSEPH
AGED 52 YEARS
W/O. THOMAS, NOW WORKING AS HSST (ENGLISH),
ST. AUGUSTINE'S HIGHER SECONDARY SCHOOL,
KALLOORKAD, ERNAKULAM DISTRICT, PIN - 686 668.
BY ADV PAULSON THOMAS
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695 005.
3 REGIONAL DEPUTY DIRECTOR,
HIGHER SECONDARY EDUCATION,
ERNAKULAM,
EDAPPALLY,
PIN 682 024.
4 PRINCIPAL,
ST. AUGUSTINE'S HIGHER SECONDARY SCHOOL, KALLOORKAD,
ERNAKULAM DISTRICT, PIN 686 668.
SMT. NISHA BOSE, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20384 OF 2022 2
JUDGMENT
The petitioner states that she is presently working as Higher Secondary School Teacher (English) at St. Augustine's Higher Secondary School, Kalloorkad. The grievance of the petitioner is that though she has completed more than 17 years of service in the Higher Secondary section, she has not been granted Higher Grade, either in the post of HSST (Junior) or in the post of HSST. She contends that her request for grant of Higher Grade was rejected by the Regional Deputy Director by Ext.P2 order relying on Ext.P5 order issued by the Government in respect of another Higher Secondary School Teacher. It is contended that there was no justification on the part of the concerned respondent in relying on Ext.P5 which has no application in the facts and circumstances of the case of the petitioner herein. Being aggrieved, the petitioner is stated to have preferred Ext.P3 revision petition before the Government which is pending.
2. When this matter came up for consideration, Sri. Paulson Thomas, the learned counsel appearing for the petitioner submitted that the request of the WP(C) NO. 20384 OF 2022 3 petitioner at this stage is for the issuance of directions to the 1st respondent to consider Ext.P3 revision petition, uninfluenced by Ext.P5, and take a decision within a time frame with due notice.
3. I have heard the learned Government Pleader. In the nature of the order that I propose to pass, notice to the 4th 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 petition, uninfluenced by Ext.P5, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorized representative and the 4th respondent.
b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of two months from the date of production of a copy of this judgment.WP(C) NO. 20384 OF 2022 4
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. 20384 OF 2022 5 APPENDIX OF WP(C) 20384/2022 PETITIONER(S) EXHIBITS :
Exhibit P1 TRUE COPY OF THE APPROVAL ORDER OF THE PETITIONER AS HSST W.E.F. 01-06-2011 TO 30-11-2015, DATED 07-10-2011.
Exhibit P1(a) TRUE COPY OF THE APPROVAL ORDER OF THE PETITIONER AS HSST FROM 01-12-2015 TO THE POST EXISTS DATED 06-04-2016.
Exhibit P2 TRUE COPY OF ORDER NO. A6/7486/ 2021/RDD/ HSE/EKM DATED 07-12-2021 ISSUED BY THE RDD, ERNAKULAM REJECTING HIGHER GRADE.
Exhibit P3 TRUE COPY OF THE REVISION PETITION DATED 31.05.2022.
Exhibit P4 TRUE COPY OF THE CIRCULAR NO.
44060/J2/11/GEDN DATED 26-09-2012.
Exhibit P5 TRUE COPY OF G.O.(RT.)NO.5516/2021/G.EDN.
DATED 30-11-2021.
Exhibit P6 TRUE COPY OF G.O.(MS)NO.62/1973/G.EDN.
DATED 02-05-1973.
RESPONDENT(S) EXHIBITS : NIL