Sreeprabha. T vs State Of Kerala
2021 Latest Caselaw 16303 Ker

               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. 15569 OF 2021
PETITIONER:

          SREEPRABHA. T
          AGED 54 YEARS
          NARAYANA HOUSE, KARUVAMBRAM, MELAKKAM, MALAPPURAM

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


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          GENENAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM- 695 001

    2     THE DIRECTOR OF GENERAL EDUCATION
          JAGATHY, THIRUVANANTHAPURAM - 695 001

    3     THE ASSISTANT EDUCATION OFFICER
          MANJERI, MALAPPURAM- 676 121

    4     THE MANAGER
          AMUP SCHOOL, VADAKKANGARA, PAYYANAD,
          MALAPPURAM - 676 324

          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. 15569 OF 2021

                                         2




                                 JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) issue a writ of mandamus or any other writ, order or direction to the 1st respondent to consider and pass orders on Ext.P6 revision petition with in a time limit and affording an opportunity of hearing to the petitioner.

(ii) issue a writ of mandamus or any other writ, order or direction to the 3rd respondent AEO, Manjeri to approve the appointment of the petitioner as Headmistress from 11.7.2018."

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

3. The learned counsel for the petitioner submits that the petitioner

had been working as Headmistress in the 4th respondent's school from

11.07.2018. However, by Ext.P5 order, the appointment of the petitioner

as Headmistress has been approved only with effect from 18.05.2019. The

learned counsel for the petitioner submits that the only reason for not

approving the appointment of the petitioner with effect from 11.07.2018

is that there was no approved manager in the school at the relevant

time. It is submitted that the said objection is absolutely irrelevant in so

far as the approval of the appointment as Headmistress is concerned. WP(C) NO. 15569 OF 2021

The petitioner has moved the Government with Ext.P6 revision petition

and seeks a consideration thereof.

4. Having heard the learned Government Pleader also, I am of the

opinion that the issue is liable to be considered by the Government in

accordance with law. 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 and

after hearing her, through any appropriate means, including video

conferencing, within a period of three months 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. 15569 OF 2021

APPENDIX OF WP(C) 15569/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPLICATION FOR APPOINTMENT OF THE PETITINER DATED 24.09.2018

Exhibit P2 TRUE COPY OF THE LETTER DATED 23.01.209 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

Exhibit P3 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER DATED 29.01.2019

Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 17.04.2019 IN W.P.(C)NO.12417/2019

Exhibit P5 TRUE COPY OFTHE ORDERBDATED 26.06.2019 OF THE 3RD RESPONDENT

Exhibit P6 TRUE COPY OF THE REVISIONPETITION DATED 25.06.2021 PENDING BEFORE THE 1ST RESPONDENT

RESPONDENT'S/S EXHIBITS: NIL