Citation : 2021 Latest Caselaw 16263 Ker
Judgement Date : 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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