Ancilia Livero vs State Of Kerala

Citation : 2024 Latest Caselaw 10852 Ker
Judgement Date : 12 April, 2024

Kerala High Court

Ancilia Livero vs State Of Kerala on 12 April, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                        WP(C) NO. 15596 OF 2024
PETITIONER:

          ANCILIA LIVERO
          AGED 40 YEARS
          MALLAMAIPARAMBIL HOUSE, ANNANAD P.O., KADUKUTTY,
          CHALAKUDY, THRISSUR DISTRICT- 680 309, WORKING AS FULL
          TIME MENIAL, C.C.P.L.M.A.I.H.S.S. PERUMANOOR, COCHIN,
          PIN - 682015

          BY ADV V.VIJULAL


RESPONDENTS:

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

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

    3     THE DEPUTY DIRECTOR OF EDUCATION,
          OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM,
          KAKKANAD, PIN-682 030, OFFICIATING AS MANAGER,
          CENTRAL BOARD OF ANGLO-INDIAN EDUCATION
          (REG. NO.9/1953), PERUMANOOR P.O., KOCHI,
          PIN - 682015

    4     DISTRICT EDUCATIONAL OFFICER,
          OFFICE OF DISTRICT EDUCATIONAL OFFICER,
          ERNAKULAM, PIN - 682011

          BY ADV
          ADV. NISHA BOSE - GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15596 OF 2024
                                  2

                             JUDGMENT

The petitioner was appointed as FTM (Full Time Menial) at C.C.P.L.M.A.I.H.S. School, Perumanoor with effect from 01.06.2017. Even though the said appointment was approved by the authorities concerned, pertaining to the period from 01.06.2017 to 05.02.2021, the said appointment was treated as notional. Being aggrieved by the same, the petitioner has approached the 1 st respondent by submitting Ext.P9 revision petition. The limited prayer sought by the petitioner is for a direction for expeditious disposal of Ext.P9. The petitioner further submits that, the documents produced as Ext.P3 series are also relevant for consideration of the prayer sought by the petitioner.

After hearing the learned counsel for the petitioner and the learned Government Pleader, this writ petition is disposed of directing the 1st respondent to take up Ext.P9 revision petition and to pass appropriate orders thereon after hearing the petitioner and the affected parties if any. The orders in this regard shall be passed, within a period of four months from the date of receipt of a copy of WP(C) NO. 15596 OF 2024 3 this judgment and while taking a decision, Ext.P3 series produced along with this writ petition, which shall be made available by the petitioner before the 1st respondent, shall also be taken into account.

Sd/-

ZIYAD RAHMAN A.A. JUDGE scs WP(C) NO. 15596 OF 2024 4 APPENDIX OF WP(C) 15596/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF APPOINTMENT ORDER DATED 1.6.2017 ISSUED BY THE MANAGER Exhibit P2 TRUE COPY OF ORDER DATED 29.1.2021 ISSUED BY THE 4TH RESPONDENT Exhibit P3 TRUE COPY OF LIST OF PROTECTED TEACHERS WORKING IN DIFFERENT SCHOOLS UNDER THE MANAGEMENT OF CENTRAL BOARD OF ANGLO-INDIAN EDUCATION Exhibit P3(a) TRUE COPY OF ORDER NO. B5/16132/18 DATED 26.7.2019 ISSUED BY THE 3RD RESPONDENT DEPLOYING PROTECTED TEACHERS IN THE DISTRICT OF ERNAKULAM Exhibit P3(b) TRUE COPY OF ORDER NO. B5/16132/19(2) DATED 20.7.2019 ISSUED BY THE 3RD RESPONDENT DEPLOYING PROTECTED TEACHERS IN THE DISTRICT OF ERNAKULAM Exhibit P4 TRUE COPY OF ORDER DATED 14.6.2022 ISSUED BY THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF ORDER NO. B6/47464/2023 DATED 21.12.2023 ISSUED BY THE 4TH RESPONDENT Exhibit P6 TRUE COPY OF G.O.(P) NO. 4/2021/G.EDN.

DATED 6.2.2021 Exhibit P7 TRUE COPY OF COMMUNICATION NO.

J2/87/2020/G.EDN. DATED 25.2.2021 ISSUED BY THE 2ND RESPONDENT Exhibit P8 TRUE COPY OF CIRCULAR NO.

H2/19500/2019/D.G.E. DATED 26.2.2021 ISSUED BY THE 2ND RESPONDENT Exhibit P9 TRUE COPY OF THE REVISION PETITION DATED 4.3.2024 SUBMITTED BY THE PETITIONER