Citation : 2021 Latest Caselaw 11820 Ker
Judgement Date : 9 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943
WP(C).No.9370 OF 2021(U)
PETITIONER:
THULASI .P.K
AGED 44 YEARS
D/O. CHANDHU P.K, HSST (ECONOMICS),
KPES, HIGHER SECONDARY SCHOOL,
KAYAKKODI P.O, KOZHIKKODE-673 542,
(RESIDING AT IDATHUMVELIKKATH,
KAVILUMPARA P.O, KOZHIKODE-673 513)
BY ADVS.
SRI.T.T.MUHAMOOD
SRI.A.RENJIT
SRI.A.MOHAMMED SAVAD
SHRI.NAZEER HUZAIN.H
SHRI.T.R.VISHNU
RESPONDENTS:
1 THE STATE OF KERALA
REP. BY THE SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 THE DIRECTOR OF GENERAL EDUCATION,
DIRECTORATE OF GENERAL EDUCATION, (HIGHER
SECONDARY WING), HOUSING BOARD BUILDING,
THIRUVANANTHAPURAM-695001
3 THE REGIONAL DEPUTY DIRECTOR,
HIGHER SECONDARY EDUCATION,
KOZHIKODE-673 542
4 THE MANAGER,
KPES, HIGHER SECONDARY SCHOOL,
KAYAKKODI P.O, KOZHIKODE 673 542.
OTHER PRESENT:
SRI. T.RAJASEKHARAN NAIR-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.04.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) No.9370 of 2021
2
JUDGMENT
This writ petition is filed seeking the following reliefs:
i) Issue a writ of certiorari or any other appropriate writ or order or direction directing the respondents to extend the age relaxation granted in Ext.P6 to the petitioner also.
ii) Issue a writ of mandamus or any other appropriate writ or order or direction directing the 1 st respondent to consider and pass orders on Ext.P8 & P9 representations pending in file No.L2/69/2021/G.Edn within the time stipulated by this Hon'ble Court.
2. Heard the learned counsel for the petitioner and the
learned Government Pleader.
3. It is submitted by the learned counsel for the petitioner that
the petitioner had been working from 2014 onwards as HSST and
that when the post has been duly sanctioned, the petitioner's claim
for appointment is likely to be rejected on the ground that she is
over aged. The petitioner has approached the 1st respondent with
Ext.P8 representation and seeks a consideration of the same.
Having heard the learned Government Pleader also, there will
be a direction to the 1st respondent to take up, consider and pass
orders on Ext.P8 representation preferred by the petitioner with
notice to the petitioner as well as the 4 th respondent and after
hearing them through any appropriate means including video W.P(C) No.9370 of 2021
conferencing within a period of two months from the date of receipt
of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE SVP W.P(C) No.9370 of 2021
APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF G.O(MS) NO.
143/2014/G.EDN. DATED 31.07.2014 WITH RELEVANT EXTRACT OF ANNEXURE.
EXHIBIT P2 TRUE COPY OF ORDER NO.
ACD.C3/16830/2013/HSE. DATED 08.08.2014 ISSUED BY THE 2ND RESPONDENT WITH RELEVANT EXTRACT OF ANNEXURE.
EXHIBIT P3 TRUE COPY OF GO(MS) NO. 77/2019/G.EDN.
DATED 27.06.2019.
EXHIBIT P4 TRUE COPY OF RELEVANT PAGES OF GO(MS) NO. 106/2017/G.EDN. DATED 21.08.2017.
EXHIBIT P5 TRUE COPY OF GO(MS) NO. 56/2021/G.EDN DATED 12.02.2021.
EXHIBIT P6 TRUE COPY OF GO(MS) NO. 108/2017/G.EDN DATED 29.08.2017.
EXHIBIT P7 TRUE COPY OF ORDER NO.
A1/6090/A/2019/K.DIS DATED 01.10.2019.
EXHIBIT P7(A) TRUE COPY OF ORDER NO.
A1/9097/2019/K.DIS DATED 23.12.2019.
EXHIBIT P8 TRUE COPY OF REPRESENTATION DATED 26.02.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P9 TRUE COPY OF REPRESENTATION DATED 26.02.2021 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR EDUCATION.
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