Divya Nair vs State Of Kerala
2021 Latest Caselaw 17510 Ker

WP(C) NO. 15814 OF 2021        1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
                    WP(C) NO. 15814 OF 2021
PETITIONER/S:

          DIVYA NAIR,
          AGED 31 YEARS
          W/O. MAHESH M. PILLAI, UPPER PRIMARY SCHOOL TEACHER,
          AMIRTA GIRLS HIGH SCHOOL, PARACODE,
          PATHANAMTHITTA DISTRICT, RESIDING AT ARCHANA,
          ARUKALIKKAL WEST, ADOOR (PO),
          PATHANAMTHITTA DISTRICT.

          BY ADVS.
          M.V.THAMBAN
          R.REJI
          THARA THAMBAN
          B.BIPIN
          ARUN BOSE
          N.SUNIL JOSEPH


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY TO THE GOVERNMENT,
          DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

    2     DIRECTOR OF GENERAL EDUCATION,
          DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
          THIRUVANANTHAPURAM, PIN-695014.

    3     THE DEPUTY DIRECTOR OF EDUCATION,
          OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
          PATHANAMTHITTA, PATHANAMTHITTA DISTRICT, PIN-689648.

    4     DISTRICT EDUCATIONAL OFFICER,
          OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
          PATHANAMTHITTA, PATHANAMTHITTA DISTRICT, PIN-689648.

    5     THE MANAGER,
          AMIRTA GIRLS HIGH SCHOOLS, PARACODE (PO),
          PATHANAMTHITTA DISTRICT, PIN-691554.
 WP(C) NO. 15814 OF 2021           2




          SMT NISHA BOSE, SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15814 OF 2021                    3

                                        JUDGMENT

The petitioner contends that as per Ext.P1 order, the 5th respondent had

appointed the petitioner as Upper Primary School Teacher at the Amrita Girls

High School, Paracode. The appointment was with effect from 1.6.2018

onwards against the retirement vacancy of Smt.Anitha P.T., Upper Primary

School Teacher, retired from service on 31.5.2018. However, by Ext.P2 order,

the 4th respondent has rejected Ext.P1 on the ground that four High School

Teachers of the said school were continuing on protection due to fall of

divisions and out of the said High School Teachers, two of them have upper

primary service. Though an appeal was preferred, the same was rejected by

the 3rd respondent. In the said circumstances, the petitioner is stated to have

preferred Ext.P5 revision petition before the 2nd respondent. The petitioner

contends that though the revision petition was heard on 16.12.2020, no orders

have been passed to date. It is in the afore circumstances that this writ

petition is filed seeking directions.

2. I have heard Sri.M.V.Thamban, the learned counsel appearing for

the petitioner, who submitted that though various other prayers are sought for,

at this point of time, the petitioner would be satisfied if the 2nd respondent is

directed to pass orders on Ext.P5 revision petition within a time frame.

3. The learned Government Pleader on instructions submits that

the revision petition can be disposed of in an expeditious manner.

4. After having carefully evaluated the contentions raised in this

writ petition, the submissions made across the Bar and the facts and

circumstances, I am of the view that this writ petition can be disposed of by

issuing the following directions:

a) There will be a direction to the 2nd respondent to pass orders

on Ext.P5 revision petition, after affording an opportunity of

being heard, either physically or virtually, to the petitioner

herein or her authorised representatives as well as the

affected parties, if any.

b) Orders, as directed above, shall be passed expeditiously, in any

event, within a period of two months from the date of

production of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of the writ

petition along with the judgment before the concerned

respondent for further action.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE sru

APPENDIX OF WP(C) 15814/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 1.6.2018 ISSUED BY THE 5TH RESPONDENT.

Exhibit P2 TRUE COPY OF THE ORDER NO.B6/4316/2018/L.DIS. DATED 26.3.2019 OF THE 4TH RESPONDENT.

Exhibit P3 TRUE COPY OF THE APPEAL DATED 5.3.2019 FILED BEFORE THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF ORDER NO.B4/5015/2019 DATED 3.12.2019 OF THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE REVISION DATED 10.2.2020 OF THE 5TH RESPONDENT FILED BEFORE THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE REVISION PETITION DATED 19.6.2021 OF THE PETITIONER.

RESPONDENTS EXHIBITS:NIL