Arifa C vs State Of Kerala
2021 Latest Caselaw 12222 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     FRIDAY, THE 23RD DAY OF APRIL 2021 / 3RD VAISAKHA, 1943

                       WP(C).No.10214 OF 2021(B)


PETITIONER:

               ARIFA C.
               AGED 40 YEARS,
               HST PHYSICAL SCIENCE, I.U.HIGHER SECONDARY SCHOOL,
               PARAPPUR, KOTTAKKAL, MALAPPURAM - 676 503.

               BY ADVS.
               SRI.AUGUSTINE JOSEPH
               SRI.K.S.ROCKEY
               SRI.TONY AUGUSTINE
               SRI.GEORGE RENOY

RESPONDENTS:

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

      2        DISTRICT EDUCATIONAL OFFICER
               THIRURANGADI, MALAPPURAM - 676 306.

      3        THE MANAGER, I.U.HIGHER SECONDARY SCHOOL
               PARAPPUR, KOTTAKKAL, MALAPPURAM - 676 503.


OTHER PRESENT:

               SMT.VINITHA.B, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.10214 OF 2021(B)                2




                P.V. KUNHIKRISHNAN, J
              --------------------------------
              W.P.(C) NO.10214 of 2021
              --------------------------------
          Dated this the 23rd day of April, 2021


                               JUDGMENT

The above writ petition is filed with the

following prayers.

"i) issue a writ of mandamus to the 1 st respondent to consider and pass orders on Ext.P4, revision petition within a time frame and affording an opportunity of hearing to the petitioner.

ii) issue such other writs, orders, directions including interim orders deem fit in the circumstances of the case.

iii) allow this Writ petition with costs."

2. According to the petitioner, while

working as primary teacher she was promoted

and posted as HST (Physical Science) under Rule

43 Chapter XIV A of the Kerala Education Rules

(KER). Thereafter, she was again appointed on

01.09.2015 in another vacancy. According to

the petitioner, the 2nd respondent approved the

appointment only with effect from 01.07.2016

onwards. The grievance of the petitioner was

dismissed by the Director General of Education

also. Hence, the petitioner filed Ext.P4 revision

petition under Rule 92 Chapter XIV A of the KER

before the 1st respondent. The petitioner is

aggrieved because of the delay in disposing

Ext.P4 revision.

3. Heard the learned counsel for the

petitioner and the learned Government Pleader.

4. After hearing both sides, I think this

writ petition can be disposed of directing the 1 st

respondent to consider Ext.P4 revision within a

time frame.

Therefore, this writ petition is disposed of

directing the 1st respondent to consider and pass

final orders on Ext.P4 revision within a period of

2 months from the date of receipt of a copy of

this judgment, after giving an opportunity of

hearing to the petitioner and the 3rd respondent.

Sd/-

P.V.KUNHIKRISHNAN JUDGE Skk//26042021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 29/1/2015.

EXHIBIT P2 TRUE COPY OF THE GOVERNMENT CIRCULAR DATED 20/8/2019.

EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 1/9/2015.

EXHIBIT P4 TRUE COPY OF THE REVISION PETITION DATED 12/3/2021 PENDING BEFORE THE 1ST RESPONDENT.

RESPONDENTS' EXHIBITS: NIL