Smitha R vs The Director Of Technical ...
2021 Latest Caselaw 4338 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

                        WP(C).No.2973 OF 2021(V)


PETITIONER:

                SMITHA R.
                AGED 40 YEARS
                D/O. N. PARAMESHWARAN PILLAI, RAMNIVAS,
                MUTHUPILAKKADU WEST, PORUVAZHY P. O., KOLLAM - 690
                520.

                BY ADVS.
                SRI.A.JAYASANKAR
                SRI.MANU GOVIND
                SHRI.AYESHA MARIA JOHN

RESPONDENT/S:

      1         THE DIRECTOR OF TECHNICAL EDUCATION
                DIRECTORATE OF TECHNICAL EDUCATION, PADMAVILASAM
                ROAD, FORT, NALUMUKKU, PAZHAVANGADI,
                THIRUVANANTHAPURAM, KERALA - 695 023.

      2         THE CHAIRMAN
                GOVERNING BODY NSS POLYTECHNIC COLLEGE, PANDALAM,
                MANNAM NAGAR, PERUMPULICKAL, KERALA - 689501.

      3         SAJITH KUMAR S.
                HEAD OF DEPARTMENT, ELECTRONICS AND COMMUNICATION
                ENGINEERING, NSS POLYTECHNIC COLLEGE, PANDALAM,
                MANNAM NAGAR, PERUMPULICKAL, KERALA - 689501.


                SR GP NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2973 OF 2021
                                      2




                                JUDGMENT

Dated this the 5th day of February 2021

This writ petition is filed seeking the following relief:-

(i) a writ in the nature of mandamus commanding the 1st and 2nd respondents to act upon Exhibits P6 and P7 and bring them to a logical conclusion within the time frame to be fixed by this Honourable Court.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader. In view of the directions being

issued, notice to respondents 2 and 3 is dispensed with.

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

that the petitioner was appointed as Lecturer in the 2 nd

respondent's college and was fully eligible for posting as HOD in

the Electronics and Communication Engineering Department.

4. It is submitted that she is the only qualified person in

the department and that overlooking her claim, the 3 rd

respondent has not been appointed as HOD. It is submitted that

Ext.P6 representation has been preferred before the 1st WP(C).No.2973 OF 2021

respondent and the petitioner seeks a consideration of the same.

5. Having heard the learned Government Pleader also,

there will be a direction to the 1st respondent to take up, consider

and pass orders on Ext. P6 representation preferred by the

petitioner, with notice to the petitioner, the 2nd respondent and

the 3rd respondent and after hearing them by any appropriate

means, including through video conferencing. Appropriate orders

shall be passed within a period of 2 months from the date of

receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

ssa WP(C).No.2973 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 2.6.2006 ISSUED TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 12.10.2006 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 9.11.2006 ISSUED TO THE PETITIONER.

EXHIBIT P4 COPY OF THE ORDER DATED 2.12.2006 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P5 COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK HAVING ENDORSED ADDITIONAL QUALIFICATION OF HAVING THE PASSED EXAMINATION HELD IN SEPTEMBER 2016.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 22.1.2021 FROM THE PETITIONER TO THE 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 22.1.2021 FROM THE PETITIONER TO THE 2ND RESPONDENT.