WP(C) NO. 3889 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 3889 OF 2022
PETITIONER:
RASEENA C.P
AGED 40 YEARS
WIFE OF MOHAMMED ABBAS, UPST, AUP SCHOOL,
IRUMBAKASSERY, THRITHALA, PALAKKAD DISTRICT,
679 532, (RESIDING AT CHARUPADIKKAL HOUSE,
TIRUNITTACODE P.O., PALAKKAD DISTRICT-679 533)
BY ADVS.
V.A.MUHAMMED
P.A.JENZIA
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT , SECRETARIAT ANNEXE-11,
THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT EDUCATIONAL OFFICER
RAILWAY STATION ROAD, OTTAPALAM, PALAKKAD DISTRICT
679 101
3 THE ASSISTANT EDUCATIONAL OFFICER
THRITHALA, PALAKKAD DISTRICT-679 134.
4 THE MANAGER,
AUP SCHOOL, IRUMBAKASSERY, THRITHALA, PALAKKAD
DISTRICT-679 532.
5 THE HEADMASTER,
AUP SCHOOL, IRUMBAKASSERY, THRITHALA, PALAKKAD
DISTRICT-679 532.
SMT NISHA BOSE, SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 3889 OF 2022 2
JUDGMENT
The petitioner states that she was appointed as UPST in the AUP School, Irumbakassery, with effect from 15.07.2021 against a retirement vacancy. Being aggrieved by the rejection of approval, the petitioner is stated to have preferred Ext.P9 revision petition. Prayer in this writ petition is for a direction to the 1st respondent to consider Ext.P9 in the light of Exts.P7 and P8 and take a decision expeditiously and with due notice.
2. I have heard Sri. M.Sajjad, the learned counsel appearing for the petitioner and Smt.Nisha Bose, the learned Senior Government Pleader. In view of the nature of the order that I propose to pass, notice to the respondents 4 and 5 is dispensed with.
3. 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 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.P9 in the light of Exts.P7 and P8, after affording an opportunity of being heard, WP(C) NO. 3889 OF 2022 3 either physically or virtually, to the petitioner herein or her authorized representative and respondents 4 and 5.
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.
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 IAP WP(C) NO. 3889 OF 2022 4 APPENDIX OF WP(C) 3889/2022 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 15.7.2021 Exhibit P2 TRUE COPY OF THE STATEMENT OF CHANGE OF STAFF OF THE SCHOOL, DATED 15.7.2021 Exhibit P3 TRUE COPY OF THE ORDER NO.C/15204/2021 DATED 17.9.2021 OF THE AEO, THRITHALA Exhibit P4 TRUE COPY OF THE ORDER NO.B4/195631/2021 DATED 5.11.2021 OF THE DEO, OTTAPPALAM Exhibit P5 TRUE COPY OF THE GO(P) NO 3/2019/G.EDN DATED 28.2.2019 Exhibit P6 TRUE COPY OF THE GOVERNMENT CIRCULAR NO J2/57/2019/G.EDN DATED 8.3.2019 Exhibit P7 TRUE COPY OF THE GOVERNMENT LETTER NO 60930/J2/G.EDN DATED 25.10.2011 Exhibit P8 TRUE COPY OF THE JUDGMENT IN WA NO.2032/2018 DATED 12.3.2019 Exhibit P9 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 31.12.2021 (WITHOUT EXHIBITS) RESPONDENTS' EXHIBITS:
NIL