The Jayasree Higher Secondary ... vs State Of Kerala
2021 Latest Caselaw 16755 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. 16320 OF 2021
PETITIONER:
              THE JAYASREE HIGHER SECONDARY SCHOOL, KALLUVAYAL
              KALLUVAYAL, WAYANAD DISTRICT, REPRESENTED BY ITS MANAGER

              BY ADVS.
              V.RAJASEKHARAN NAIR
              P.A.JENZIA


RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
           EDUCATION DEPARTMENT, SECRETARIAT, ANNEXE-II,
           THIRUVANANTHAPURAM-695 001

     2        THE DIRECTOR OF GENERAL EDUCATION,
              JAGATHY, THIRUVANANTHAPURAM-695 014

     3        THE DEPUTY DIRECTOR OF EDUCATION,
              WAYANAD @ KALPETTA-673 121

     4        THE DISTRICT EDUCATIONAL OFFICER,
              WAYANAD @ KALPETTA, CIVIL STATION, WAYANAD DISTRICT-673
              121

     5        SMT.N.SHABNA
              NELLOOKKARA VEEDU, KARUMBAPOYIL, P.O.NADUVANNUR,
              KOZHIKODE DISTRICT-673 614

     6        SRI.SHABEER.N.K.,
              NELLOOKKARA VEEDU, KARUMBAPOYIL, P.O.NADUVANNUR,
              KOZHIKODE DISTRICT-673 614


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. 16320 OF 2021
                                        2

                                  JUDGMENT

This writ petition is filed seeking the following prayers:-

"i) call for the records relating to Exhibit P-7 and set aside the original of the same by the issue of a writ of certiorari or other appropriate writ or order.

ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents 1 to 4 not to take coercive steps against the petitioner pursuant to the Exhibit P-7 order of the 2nd respondent.

iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1 st respondent to consider and pass appropriate orders upon Exhibit P-9 after affording an opportunity of being heard to the petitioner within a time limit, and in the meantime, Exhibit P-7 may be kept in abeyance."

2. Heard the learned counsel for the petitioner and

the learned Government Pleader. In view of the directions

being issued, notice to respondents 5 and 6 is dispensed

with.

3. It is submitted that the father of the 5 th and 6th

respondents was an employee of the petitioner's school, who

died in harness in April, 1992 .It is submitted that the 6 th

respondent had applied for employment assistance in 2005,

but later relinquished his claim in 2015. Thereafter, the 5 th

respondent submitted an application for compassionate WP(C) NO. 16320 OF 2021

appointment in September, 2017, which has now been

directed to be considered by Ext.P7 proceedings dated

23.12.2020. It is submitted that as against Ext.P7, the

petitioner had preferred a revision petition as Ext.P9 and

seeks a consideration thereof.

4. Having considered the contentions advanced, I am

of the opinion that the issue requires a consideration at the

hands of the 1st respondent.

5. There will, accordingly, be a direction to the 1 st

respondent to take up, consider and pass orders on Ext.P9

with notice to the petitioner as well as the respondents 5 and

6 and after hearing them 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 bng/12.08.2021 WP(C) NO. 16320 OF 2021

APPENDIX OF WP(C) 16320/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE DEATH CERTIFICATE DATED 02.05.1992

Exhibit P2 TRUE COPY OF THE LEGAL HEIR SHIP CERTIFICATE DATED 18.09.1993

Exhibit P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 6TH RESPONDENT BEFORE THE MANAGER DATED 31.10.2015

Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 6TH RESPONDENT BEFORE THE MANAGER DATED 16.09.2017

Exhibit P5 TRUE COPY OF THE APPLICATION IN THE PRESCRIBED FORMAT DATED 16.09.2017

Exhibit P6 TRUE COPY OF THE JUDGMENT IN WPC NO.11346/2013-P DATED 01.09.2015

Exhibit P6A TRUE COPY OF THE JUDGMENT IN W.A NO.2218/2015 DATED 09.10.2015

Exhibit P7 TRUE COPY OF THE ORDER NO.EM (5)/188529/2020/K.DIS /DGE DATED 23.12.2020 OF THE 2ND RESPONDENT

Exhibit P8 TRUE COPY OF THE B.ED CERTIFICATE OF THE 5TH RESPONDENT DATED 04.08.2017

Exhibit P9 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 24.06.2021 (WITHOUT EXHIBITS)