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Saritha K.R vs The District Educational Officer
2021 Latest Caselaw 16263 Ker

Citation : 2021 Latest Caselaw 16263 Ker
Judgement Date : 4 August, 2021

Kerala High Court
Saritha K.R vs The District Educational Officer on 4 August, 2021
               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
                        WP(C) NO. 15631 OF 2021
PETITIONER:

          SARITHA K.R.
          AGED 55 YEARS
          MANAGER, NAMBRATHKARA UP SCHOOL,
          NADUVATHUR P.O.-673 620

          BY ADV BASANT BALAJI


RESPONDENTS:

    1     THE DISTRICT EDUCATIONAL OFFICER
          VATAKARA, MINI CIVIL STATION, VATAKARA- 673 101
          KOZHIKODE

    2     THE ASSISTANT EDUCATION OFFICER
          MELADI, VATAKARA, KOZHIKODE-673 522

    3     SHANA K.P.
          KAREKKEPURATH, MUCHUKUNNJU KOYILANDI,
          KOZHIKODE- 673307

          SRI, BIJOY CHANDRAN-SR.G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15631 OF 2021

                                          2




                                  JUDGMENT

This writ petition is filed seeking the following prayer:

"(i) That a writ of mandamus or any other writ or direction be passed directing the 1st respondent to take up Exhibit P4 appeal, afford an opportunity of hearing to the petitioner as well as the 3rd respondent and pass orders on the same within a time to be fixed 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 is the manager of an aided UP school. The 3 rd respondent was

appointed as LPSA on 12.06.2018 in a retirement vacancy. Approval was

rejected by the 2nd respondent against which the petitioner has preferred

Ext.P4 appeal which is pending since 16.12.2019. The learned counsel for

the petitioner submits that the delay in disposing of the statutory appeal

is totally unjustified.

4. 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.P4 appeal, if the same is still pending, with notice to the petitioner as WP(C) NO. 15631 OF 2021

well as the 3rd respondent and after hearing them, through any

appropriate means, including video conferencing, within a period of one

month from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 15631 OF 2021

APPENDIX OF WP(C) 15631/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE 3RD RESPONDENT DATED 12.06.2018

Exhibit P2 TRUE COPY OF THE PROCEEDINGS OF THE PETITIONER DATED 07.05.2019

Exhibit P3 TRUE COPY OF THE ORDER NO.K.DIS./1948/2017 DATED 03.10.2019 OF THE 2ND RESPONDENT

Exhibit P4 TRUE COPY OF THE APPEAL MEMO SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 16.12.2019

Exhibit P5 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.23394/2020 DATED 08.12.2020

Exhibit P6 TRUE COPY OF THE ORDER NO.B5/6240/2019 DATED 28.05.2021 OF THE 1ST RESPONDENT

RESPONDENT'S/S EXHIBITS: NIL

 
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