Sr. Jancy Joseph vs State Of Kerala
2021 Latest Caselaw 6442 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942

                       WP(C).No.4689 OF 2021(I)


PETITIONER:

               SR. JANCY JOSEPH
               AGED 49 YEARS
               HEADMISTRESS,
               KVM UP SCHOOL, POLPULLY P. O.,
               PALAKKAD - 678 552.

               BY ADV. DR.GEORGE ABRAHAM

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY SECRETARY TO GOVERNMENT,
               GENERAL EDUCATION DEPARTMENT,
               THIRUVANANTHAPURAM - 695 001.

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

      3        ASSISTANT EDUCATIONAL OFFICER
               CHITTUR, PALAKKAD - 678 101.

      4        HEADMISTRESS
               KVM UP SCHOOL, POLPULLY P. O., PALAKKAD - 678 552.


OTHER PRESENT:

               SR GP NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4689 OF 2021(I)

                                   2

                            JUDGMENT

Dated this the 23rd day of February 2021

This writ petition is filed seeking the following reliefs:-

"(i) to issue a writ of Certiorari or any other appropriate writ, order or direction, to quash Exhibit P5 order issued by the 3rd respondent.

(ii) to issue a writ of mandamus; or any other appropriate writ, order or direction, directing the respondents 1 to 3 to approve the appointment of the petitioner as Hindi Teacher for a period from 01.06.2016 to 15.03.2019.

(iv) to issue a writ of mandamus; or any other appropriate writ, order or direction, directing the 1 st respondent to consider Exhibit P7 revision."

2. Heard the learned counsel for the petitioner and

the learned Government Pleader.

3. The learned counsel for the petitioner submits that

Ext.P7 revision petition has been preferred by the

Headmistress of the School before the 1 st respondent and

seeks a consideration of the same.

4. Having heard the learned Government Pleader

also, there will be a direction to the 1 st respondent to take WP(C).No.4689 OF 2021(I)

up, consider and pass orders on Ext.P7 revision petition

preferred by the 4th respondent with notice to the 4 th

respondent as well as the petitioner and after hearing them

through any appropriate means including video conferencing

and to pass orders thereon, within a period of three months

from the date of receipt of a copy of this judgment. If the

petitioner's appointment is found liable to be approved, the

monetary benefits shall also be released within a period of

three months thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Bng/23.02.2021 WP(C).No.4689 OF 2021(I)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE MANAGER, DATED 02.06.2008.

EXHIBIT P2 TRUE COPY OF THE ORDER OF THE ASSISTANT EDUCATIONAL OFFICER DATED 15.02.2010.

EXHIBIT P3 TRUE COPY OF THE ORDER SHOWING APPROVAL OF APPOINTMENT DATED 31.08.2019.

EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE MANAGER DATED 1.6.2016.

EXHIBIT P5 TRUE COPY OF THE ORDER PASSED BY THE ASSISTANT EDUCATIONAL OFFICER, CHITTUR DATED 21.01.2017.

EXHIBIT P6 TRUE COPY OF THE CIRCULAR DATED 09.11.2016 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE REVISION UNDER RULE 92 OF CHAPTER XIV A KER DATED 10.02.2021.