IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 17577 OF 2022
PETITIONER/S:
C.M.BINDU
AGED 41 YEARS
W/O.RAJEEV MANIKOTH, HIGH SCHOOL ASSISTANT (ENGLISH),
MATTANNUR HIGHER SECONDARY SCHOOL, MATTANNUR,
THALASSERY EDUCATIONAL DISTRICT, KANNUR - 670 702.
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATIONAL DEPARTMENT, SECRETARIAT ANNEXE-II,
THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF GENERAL INSTRUCTION
JAGATHY, THIRUVANANTHAPURAM - 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION
KANNUR - 670 002.
4 THE DISTRICT EDUCATIONAL OFFICER
THALASSERY, KANNUR DISTRICT - 670 101.
5 THE MANAGER
MATTANNUR HIGHER SECONDARY SCHOOL, MATTANNUR,
THALASSERY EDUCATIONAL DISTRICT, KANNUR - 670 702.
6 THE PRINCIPAL
MATTANNUR HIGHER SECONDARY SCHOOL, MATTANNUR,
THALASSERY EDUCATIONAL DISTRICT, KANNUR - 670 702.
7 THE VICE PRINCIPAL
MATTANNUR HIGHER SECONDARY SCHOOL, MATTANNUR,
THALASSERY EDUCATIONAL DISTRICT, KANNUR - 670702.
WP(C) NO. 17577 OF 2022 2
SMT NISHA BOSE, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17577 OF 2022 3
JUDGMENT
Claiming that the petitioner is entitled to get promotion as HSA (English) with effect from 29.1.2011 against the leave vacancy of one Pavithran Mavila and consequential benefits, the petitioner has approached this Court and pursuant to the directions, the DEO has issued orders rejecting the claim of the petitioner. Challenging the aforesaid order, the petitioner is stated to have preferred Ext.P10 revision petition before the 2nd respondent which is stated to be pending.
2. Sri. M. Sajjad, the learned counsel appearing for the petitioner submitted that the limited request of the petitioner is for the 2nd respondent to consider Ext.P10 in the light of Exts.P6 to P9 and take a decision in an expeditious manner.
3. The learned Government Pleader on instructions submits that if Ext.P10 is registered and is pending, a decision can be taken within a period of four months. WP(C) NO. 17577 OF 2022 4
4. In view of the limited nature of the relief sought for, notice to the respondents 5 to 7 is dispensed with.
5. 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 2nd respondent to take up, consider and pass appropriate orders on Ext.P10, in the light of Exts.P6 to P9, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorised representative and the party respondents.
b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of four months from the date of production of a copy of this judgment.
WP(C) NO. 17577 OF 2022 5
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 sru WP(C) NO. 17577 OF 2022 6 APPENDIX OF WP(C) 17577/2022 PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE G.O.(RT) NO.352/2011/G.EDN. DATED 25/01/2011. Exhibit P2 TRUE COPY OF THE G.O.(RT) NO.4933/2012/G.EDN. DATED 12/10/2012. Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 29/05/2015.
Exhibit P4 TRUE COPY OF THE ORDER NO.B4/7137/2018/D.DIS. DATED 03/09/2018 OF THE DEO.
Exhibit P5 TRUE COPY OF THE ORDERS VIDE NO.B1/3934/2021/D.DIS. DATED 11/04/2022 OF THE DEO.
Exhibit P6 TRUE COPY OF THE GO(RT) NO.4026/2021/G.EDN.
DATED 13/09/2021.
Exhibit P7 TRUE COPY OF THE DECISION REPORTED IN 2004 KHC 1823 - 2004 (11) SCC 210.
Exhibit P8 TRUE COPY OF THE DECISION REPORTED IN 1985 KHC 62 - 1985 KLT 269.
Exhibit P9 TRUE COPY OF THE DECISION REPORTED IN 2011 (3)KHC 275.
Exhibit P10 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 09/05/2022.
RESPONDENTS EXHIBITS : NIL