Citation : 2021 Latest Caselaw 16032 Ker
Judgement Date : 2 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
WP(C) NO. 15305 OF 2021
PETITIONER:
L.CHANDRAMONY
AGED 78 YEARS
W/O.LATE V.V.VASUDEVAN PILLAI,MANAGER,BABY
JOHN,SASHTYABDIPOORTHI MEMORIAL MADATHIL VOCATIONAL AND
HIGHER SECONDARY SCHOOL,KUTHIRAPPANTHI.P.O,
THAZHAVA NORTH,KOLLAM DISTRICT,PIN-690523(RESIDING AT
MADATHIL HOUSE,MADATHIL KARAZHMA.P.O, OACHIRA,KOLLAM
DISTRICT,PIN-0690526.
BY ADVS.
JOHN JOSEPH VETTIKAD
C.JOSEPH JOHNY
RESPONDENTS:
1 DIRECTOR of GENERAL EDUCATION
THYCAUD,JAGATHY,
THIRUVANANTHAPURAM,PIN-695014.
2 THE DEPUTY DIRECTOR OF EDUCATION
KOLLAM,KOLLAM-ELAMPALLOOR ROAD,THEVALLY,KOLLAM-691009.
3 THE DISTRICT EDUCATIONAL OFFICER
KOLLAM,CIVIL STATION.P.O,KOLLAM-691013.
4 SMT.SOORYA.S,
AGED 34 YEARS,D/O.SOURAFAN SUKUMARAN,KALEEKKAL
THEKKATHIL,KIDANGAYAM NORTH,
PATHARAM,PIN-690522,SEWING TEACHER,BABY JOHN
SASHTYABDIPOORTHI MEMORIAL MADATHIL VOCATIONAL AND HIGHER
SECONDARY SCHOOL,KUTHIRAPPANTHI.P.O, THAZHAVA NORTH,
KOLLAM DISTRICT,PIN-690523.
OTHER PRESENT:
SRI. BIJOY CHANDRAN-SR. G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15305 OF 2021
2
JUDGMENT
This writ petition is filed seeking the following relief:-
"(i) issue a writ of mandamus or order or direction in the nature thereof directing the 1st respondent to dispose of Exhibit P6 Revision Petition filed under Rule 12E (3) of Chapter XXIII KER after affording an opportunity of being heard to the petitioner within a time limit to be 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, who is the Manager of a
Vocational Higher Secondary School, has approached the 1 st
respondent with a revision petition referred under Rule 12E
of Chapter XXIII of KER. It is submitted that the revision
sought is with regard to the staff fixation for the academic
year 2019-2020.
4. Having heard the learned Government Pleader also,
I am of the opinion that since Ext.P6 is a statutory revision
preferred by the Manager as against staff fixation, the same WP(C) NO. 15305 OF 2021
is liable to be considered and disposed of, in accordance with
law.
5. There will, accordingly, be a direction to the 1 st
respondent to take up, consider and pass orders on Ext.P6
revision petition preferred by the petitioner with notice to the
petitioner as well as the 4th respondent and after hearing
them through any appropriate means including video
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
bng/03.08.2021 WP(C) NO. 15305 OF 2021
APPENDIX OF WP(C) 15305/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE STAFF FIXATION PROCEEDINGS ORDER D-DIS/B2/46637/2019 DATED 29/07/2019 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER KOLLAM
Exhibit P2 THE TRUE COPY OF THE LETTER NO.B3/7131/2020 DATED 30/07/2020 RECEIVED ON 14/08/2020 OF THE DEPUTY DIRECTOR OF EDUCATION KOLLAM
Exhibit P3 THE TRUE COPY OF THE LETTER NO:QIP (2)/29920/2015/DPI DATED 06/06/2015 OF THE DIRECTOR OF PUBLIC INSTRUCTION
Exhibit P4 THE TRUE COPY OF GO(RT)NO.2085/2015/G EDN DATED 28/05/2015
Exhibit P5 THE TRUE COPY OF PROCEEDINGS ORDER NO:B6/14014/2018/K-DIS DATED 19/12/2018 OF THE 3RD RESPONDENT
Exhibit P6 THE TRUE COPY OF REVISION PETITION FILED BEFORE 1ST RESPONDENT UNDER RULE 12 E (1)OF CHAPTER XXIII KER
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