WP(C) NO. 20995 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
WP(C) NO. 20995 OF 2022
PETITIONERS:
SAJNA T N
AGED 36 YEARS
WIDOW OF MUHAMMED FAISY, (RESIDING AT THALAPPALLIL,
NADAKKAL, ERATTUPETTA, KOTTAYAM DISTRICT - 686 121).
BY ADVS.
M.SAJJAD
P.A.JENZIA
RESPONDENTS:
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,
PALACE ROAD, KOTTAYAM DISTRICT - 686 001.
4 THE DISTRICT EDUCATIONAL OFFICER,
KANJIRAPPALLY, KOTTAYAM DISTRICT - 686 506.
5 THE ASSISTANT EDUCATIONAL OFFICER,
ERATTUPETTA, KOTTAYAM DISTRICT - 686 121.
6 THE HEADMISTRESS,
MM MU M UP SCHOOL, KARAKKAD, ERATTUPETTA,
WP(C) NO. 20995 OF 2022 2
KOTTAYAM DISTRICT - 686 121.
7 THE MANAGER,
MM MU M UP SCHOOL, KARAKKAD, ERATTUPETTA,
KOTTAYAM DISTRICT - 686121.
SMT NISHA BOSE, SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 20995 OF 2022 3
JUDGMENT
Sri.Muhammed Faisy, the husband of the petitioner, passed away while working as UPSA in the MM MU M UP School, an aided school managed by the 7th respondent. The grievance of the petitioner concerns the denial of approval of the appointment of late Muhammed Faisy from 16.07.2007 onwards. The petitioner asserts that the DEO by Ext.P9 order has rejected the claim of the petitioner on the ground that a protected teacher had to be appointed against the vacancy in which late Muhammed Faisy was accommodated. Being aggrieved, the petitioner is stated to have preferred Ext.P16 revision petition before the Government which is stated to be pending. It is in the afore circumstances, that this writ petition is filed seeking directions.
2. Sri.M.Sajjad, the learned counsel appearing for the petitioner submits that directions be issued to the 1st respondent to consider Ext.P16 revision petition adverting to Exts.P8 and P10 to P14, expeditiously.
3. I have heard Smt.Nisha Bose, the learned Senior Government Pleader and have considered the submissions advanced. In the nature of the order that I propose to pass, notice to the respondents 6 and 7 is dispensed with.
WP(C) NO. 20995 OF 2022 4
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 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.P16 revision petition adverting to Exts.P8 and P10 to P14, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorized representative and the respondents 6 and7.
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 to ensure compliance.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE IAP WP(C) NO. 20995 OF 2022 5 APPENDIX OF WP(C) 20995/2022 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE DEATH CERTIFICATE OF SRI.
MUHAMMED FAISY ISSUED BY THE ERATTUPETTA GRAMA PANCHAYATH DATED 05.11.2012 Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER OF SRI.
MUHAMMED FAISY DATED 16.07.2007 Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER OF SRI.
MUHAMMED FAISY DATED 01.06.2011 Exhibit P4 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WP(C) NO.1456/2019 DATED 06.02.2019 Exhibit P5 TRUE COPY OF THE PROCEEDINGS OF THE AEO, ERATTUPETTA VIDE NO.D/493/2019/K.DIS DATED 10.05.2019 Exhibit P6 TRUE COPY OF THE COMMUNICATION OF THE AEO NO.
D/836/2020 DATED 22.02.2020 Exhibit P7 TRUE COPY OF THE COMMUNICATION OF THE DEO NO.
B1/2317/2020 DATED 19.10.2020 Exhibit P8 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WP(C)NO. 25688/2020 DATED 08.12.2020 Exhibit P9 TRUE COPY OF THE PROCEEDINGS OF DEO, KANJIRAPALLY VIDE ORDER NO.B1/5830/2020 DATED 29.03.2021 Exhibit P10 TRUE COPY OF THE DECISION REPORTED IN 2011 (3) KHC 650 DATED 04.08.2011 Exhibit P11 TRUE COPY OF THE DECISION REPORTED IN 2009 (3) KHC 446 DATED 29.06.2009 Exhibit P12 TRUE COPY OF THE GO(RT) NO.5241/2015/G.EDN WP(C) NO. 20995 OF 2022 6 DATED 09.11.2015 Exhibit P13 TRUE COPY OF THE GO(RT) NO.3445/2014/G.EDN DATED 27.08.2014 Exhibit P14 TRUE COPY OF THE GO(RT) NO. 2827/2019/G.EDN DATED 12.07.2019 Exhibit P15 TRUE COPY OF THE GO(RT) NO.343/2019/G.EDN DATED 25.01.2019 Exhibit P16 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 17.05.2022 RESPONDENTS' EXHIBITS:
NIL