Aicy Abraham vs The State Of Kerala
2021 Latest Caselaw 16737 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                         WP(C) NO. 16342 OF 2021
PETITIONER:
              AICY ABRAHAM
              AGED 39 YEARS
              W/O DEEPAK JOSE, HST (ENGLISH), ST. SEBASTIAN HSS,
              GOTHURUTH P.O.ERNAKULAM-683 516, (RESIDING AT KOLENCHERRY
              HOUSE, MATHILAKAM P.O.THRISSUR-680 685)
              BY ADVS.
              T.T.MUHAMOOD
              V.E.ABDUL GAFOOR
              A.MOHAMMED SAVAD
              T.R.VISHNU
              NAZEER HUZAIN.H
RESPONDENTS:
     1     THE STATE OF KERALA
           REP BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION
           DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-
           695 001.
     2     THE DIRECTOR OF GENERAL EDUCATION,
           DIRECTORATE OF GENERAL EDUCATION, (HIGHER SECONDARY
           WING), HOUSING BOARD BUILDING, THIRUVANANTHAPURAM-695
           001.

     3        THE REGIONAL DEPUTY DIRECTOR,
              HIGHER SECONDARY EDUCATION, ERNAKULAM-683 101

     4        THE DISTRICT EDUCATIONAL OFFICER
              OFFICE OF THE DEO, ALUVA, ERNAKULAM-683 101

     5        THE CORPORATIVE MANAGER,
              CORPORATE EDUCATIONAL AGENCY, DIOCESE OF KOTTAPURAM,
              P.O.KOTTAPURAM, KODUNGALLUR-680 667


OTHER PRESENT:
           SMT.PARVATHY KOTTOL-G.P.
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16342 OF 2021
                                       2

                                 JUDGMENT

This writ petition is filed seeking the following reliefs:-

"i) issue a writ of mandamus or any other appropriate writ order or direction, directing the respondents to appoint the petitioner as HSST (English) and grant all the service benefits.

ii) Issue a writ of mandamus or any other appropriate writ order or direction, directing the 3rd respondent to consider and pass orders on Ext.P5 representation within the time stipulated by this Hon'ble Court."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader. In view of the directions being

issued, notice to the 5th respondent is dispensed with for the time

being.

3. It is submitted by the learned counsel for the petitioner

that the petitioner is working as HST (English) in one of the

schools under the 5th respondent Corporate Manager and that she

has raised a claim for appointment to the post of HSST (English).

Ext.P4 is the representation preferred by the petitioner before the

Corporate Manager. When no orders were passed thereon, the

petitioner has approached the 3 rd respondent with Ext.P5

representation. It is stated in Ext.P5 that the petitioner is fully WP(C) NO. 16342 OF 2021

qualified and eligible for appointment to the post of HSST

(English) and that there is no qualified HSST (Junior) available to

be promoted as HSST (English). It is submitted by the learned

counsel for the petitioner that there is an attempt by the Manager

to appoint juniors of the petitioner as HSST (English).

4. In the above view of the matter, there will be a direction

to the 3rd respondent to take up, consider and pass orders on

Ext.P5 representation preferred by the petitioner with notice to

the petitioner as well as the Manager and any other affected

parties. Orders shall be passed, after hearing the parties 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

bng/12.08.2021 WP(C) NO. 16342 OF 2021

APPENDIX OF WP(C) 16342/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF B.ED DEGREE CERTIFICATE ISSUED BY THE UNIVERSITY OF CALICUT ON 9.6.2005

Exhibit P2 TRUE COPY OF APPOINTMENT ORDER NO CEA/18/2008 DATED 2.6.2008 ISSUED BY THE 5TH RESPONDENT

Exhibit P3 TRUE COPY OF GO(RT) NO.247/2019/G.EDN DATED 21.1.2019

Exhibit P4 TRUE COPY OF REPRESENTATION DATED 12.7.2021 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT

Exhibit P5 TRUE COPY OF REPRESENTATION DATED 21.7.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT