Divya Vijayan. C vs The State Of Kerala
2021 Latest Caselaw 16949 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
                        WP(C) NO. 16577 OF 2021
PETITIONER:

          DIVYA VIJAYAN. C
          AGED 27 YEARS, D/O. CHANDRIKA P.,
          CHAITHRAM, THEVAKKARA, ARINALLOOR, KARUNAGARAPPALLY,
          KOLLAM DISTRICT 690 538.

          BY ADVS.
          PRATHEESH.P
          ANJANA KANNATH


RESPONDENTS:

    1     THE STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION
          DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM 695 001.

    2     THE DIRECTOR OF GENERAL EDCUATION,
          JAGATHY, THIRUVANANTHAPURAM 695 014.

    3     THE DISTRICT EDUCATIONAL OFFICER,
          CIVIL STATION, KOLLAM CIVIL STATION, KOLLAM 691 013.

    4     THE DEPUTY DIRECTOR OF EDUCATION,
          NEAR MODEL BOYS HIGH SCHOOL, THEVALLY, KOLLAM 691 013.

    5     THE ASSISTANT EDUCATIONAL OFFICER,
          AEO OFFICE, CHAVARA, KOLLAM 695 001.

    6     THE MANAGER,
          KOVOOR UPPER PRIMARY SCHOOL, MYNAGAPPALLY
          ARINALLOOR P.O., KOLLAM DISTRICT 690 573.

          SRI. BIJOY CHANDRAN-SR. G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16577 OF 2021

                                          2




                                  JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) To issue a writ of mandamus directing the 1 st respondent to consider and pass orders in Ext.P3 revision in the light of the judgment in W.P.(C).No.11033/2009.

(ii) To issue a writ of mandamus directing the respondents 2 to 5 not to approve the appointments made by the 6 th respondent during the pendency of Ext.P3."

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

Government Pleader.

3. The petitioner submits that she is the daughter of a teacher

working under the 6th respondent's school, who passed away on

22.02.2012. It is submitted that she had claimed appointment in the

school which was rejected by the manager by Ext.P1 proceedings. It is

submitted that an appeal against the same was also dismissed by the 5 th

respondent. The petitioner has preferred Ext.P3 revision petition as

against Exts.P1 and P2 and seeks a consideration of the same.

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 WP(C) NO. 16577 OF 2021

Ext.P3 revision petition preferred by the petitioner, with notice to the

petitioner as well as the 6th respondent 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 NP WP(C) NO. 16577 OF 2021

APPENDIX OF WP(C) 16577/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 THE COPY OF THE PROCEEDINGS OF THE 6TH RESPONDENT IN ORDER NO. UPS/K/CE-1/2018 DATED 12.10.2018.

Exhibit P2 THE COPY OF THE ODER NO. C/699/2019 K. DIS DATED 31.5.2019 PASSED BY THE 5TH RESPONDENT.

Exhibit P3 THE COPY OF HE REVISION FILED UNDER CAHPTER XIVA RULE 92 DATED 26.7.2021.

Exhibit P4 THE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 26.7.2021.

Exhibit P5 THE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 26.7.2021.

RESPONDENT'S/S EXHIBITS: NIL