Jessinamma Jose vs The State Of Kerala

Kerala High Court

Jessinamma Jose vs The State Of Kerala on 23 May, 2024

WPC.No.18534/24                   1



           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
          THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
   THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                    WP(C) NO. 18534 OF 2024
PETITIONER:

           JESSINAMMA JOSE,
           AGED 38 YEARS,
           WIFE OF MATHEW XAVIER, L.G. HINDI TEACHER, LITTLE
           FLOWER HIGH SCHOOL, KAVALAM, ALAPPUZHA DISTRICT
           (RESIDING AT KAKKANADU, CHENNAMKARY P O,
           ALAPPUAZHA DISTRICT-688 501), PIN - 688 506.

           BY ADVS.
           V.A.MUHAMMED
           V.RAJASEKHARAN NAIR



RESPONDENTS:

     1     THE STATE OF KERALA,
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT
           GENERAL, EDUCATION DEPARTMENT, SECRETARIAT ANNEXE
           II, THIRUVANANTHAPURAM, PIN - 695 001.

     2     THE DIRECTOR OF GENERAL EDUCATION,
           JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014.

     3     THE DEPUTY DIRECTOR OF EDUCATION,
           CIVIL LINES, ALAPPUZHA DISTRICT, PIN - 688 001.

     4     THE DISTRICT EDUCATIONAL OFFICER,
           KUTTANADU @ RAMANKARY, ALAPPUZHA DISTRICT,
           PIN - 689 595.
 WPC.No.18534/24                        2



     5     THE CORPORATE MANAGER,
           CORPORATE MANAGEMENT OF SCHOOLS ARCH DIOCESE OF
           CHANGANACHERRY, CHANGANACHERRY,
           KOTTAYAM DISTRICT, PIN - 686 101.

           SMT.NISHA BOSE - GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   23.05.2024,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC.No.18534/24                         3

                              JUDGMENT

The petitioner, who is working as a Part Time Language Teacher, Hindi in the school managed by the 5 th respondent, has approached this Court seeking the following reliefs:

"(i) Call for the records relating to Exhibit-P4 order of the DEO, Exhibit P5 order of the DDE and Exhibit P6 order of the DGE and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.

(ii) Declare that the petitioner is entitled to get approval to Exhibit P3 appointment of the petitioner as Full Time L.G.Hindi Teacher from 15.07.2021 onwards.

(iii) Issue a writ of mandamus or other appropriate writ, order or direction commanding the 4 th respondent DEO, Kuttanad to grant approval to the appointment of the petitioner as Full Time L.G Hindi Teacher from 15.07.2021 onwards forthwith.

(iv) Issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st respondent to effectively consider and pass orders upon Exhibit P13 Revision petition after hearing the petitioner within a time frame.

(v) Dispense with filing of English translation of vernacular documents produced along with the writ petition.

(vi) Pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the WPC.No.18534/24 4 circumstances of the case."

2. Grievance of the petitioner is that, considering the approved service as Part Time Language Hindi Teacher, she is entitled to be approved as Full Time Language Hindi Teacher. But the same was rejected by the authorities concerned as per Exts.P4, P5 and P6 orders. Aggrieved by the same, petitioner submitted Ext.P13 revision petition, which is now pending consideration before the 1st respondent.

3. Limited prayer sought by the petitioner is for a direction to the 1st respondent to dispose of the same within a time frame.

After hearing the learned counsel for the petitioner and the learned Government Pleader, I am inclined to dispose of this writ petition. Accordingly, this writ petition is disposed of, directing the 1st respondent to take up Ext.P13 and pass appropriate orders thereon in accordance with law after hearing the petitioner and the 5th respondent. Orders in this regard shall be passed within a period of four months from the date of receipt of a copy of this judgment.

Sd/-

ZIYAD RAHMAN A.A. JUDGE DG/23.5.24 WPC.No.18534/24 5 APPENDIX OF WP(C) 18534/2024 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE ORDER NO.

C/264/18/D.DIS. DATED 08.03.2018 OF THE AEO, MONCOMBU GRANTING APPROVAL TO THE PETITIONER Exhibit P-2 TRUE COPY OF THE ORDER NO. C/6712/2019 DATED 12.10.2020 OF THE AEO, MONCOMBU GRANTING APPROVAL TO THE PETITIONER Exhibit P-3 TRUE COPY OF THE APPOINTMENT ORDER DATED 15.07.2021 OF THE PETITIONER Exhibit P-4 TRUE COPY OF THE ORDER NO. B1/26319/2021 DATED 13.06.2023 OF THE DEO, KUTTANAD DECLINING APPROVAL Exhibit P-5 TRUE COPY OF THE ORDER NO. B2/220214/ 2023 DATED 29.10.2023 OF THE DEO Exhibit P-6 TRUE COPY OF THE ORDER NO.

EC1/241363/2023 DATED 21.04.2024 OF THE ADDITIONAL DIRECTOR (GENERAL) ATTACHED TO THE OFFICE OF THE 2ND RESPONDENT Exhibit P-7 TRUE COPY OF THE SSLC CERTIFICATE Exhibit P-8 TRUE COPY OF THE HIGHER SECONDARY SCHOOL CERTIFICATE HELD ON MARCH 2004 DATED 18.05.2004 ALONG WITH THE CERTIFICATE IN SAY DATED 29.06.2004 Exhibit P-9 TRUE COPY OF THE CERTIFICATE OF RASHTRA BHASHA PRAVEEN OF DAKSHINA BHARAT HINDI PRACHAR SABHA DATED 23.11.2008 Exhibit P-10 TRUE COPY OF THE K-TET CATEGORY II CERTIFICATE 2012 DATED 26.04.2013 Exhibit P-11 TRUE COPY OF THE NOTIFICATION NO. CGI WPC.No.18534/24 6 2/44995/2012/CGE DATED 17.07.2012 OF THE COMMISSIONER FOR GOVERNMENT EXAMINATIONS Exhibit P-12 TRUE COPY OF THE NOTIFICATION FOR K-TET SEPTEMBER 2013 ALONG WITH THE SYLLABUS Exhibit P-13 TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE 1ST RESPONDENT DATED 06.05.2024 Exhibit P-14 TRUE COPY OF THE G.O. (MS.) NO.

109/2022/G.EDN DATED 24.06.2022