Kerala High Court
Resmi Raj vs The State Of Kerala on 19 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942
WP(C).No.1404 OF 2021(A)
PETITIONER:
RESMI RAJ
AGED 30 YEARS
WIFE OF VISHAK V. NAIR, UPPER PRIMARY SCHOOL
ASSISTANT, NETAJI HIGHER SECONDARY SCHOOLM, PRAMADOM
PATHANAMTHITTA DISTRICT-689 646. (RESIDING AT SREYAS,
ATTARIKOM, OMALLOOR, PATHANAMTHITTA-689 647)
BY ADVS.
SRI.V.A.MUHAMMED
SRI.M.SAJJAD
RESPONDENTS:
1 THE 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
PATHANAMTHITTA AT THIRUVALLA-689 101.
4 THE DISTRICT EDUCATIONAL OFFICER
PATHANAMTHITTA-689 001.
5 THE MANAGER
NETAJI HIGHER SECONDARY SCHOOL, PRAMADOM
PATHANAMTHITTA DISTRICT-689 646.
SR GP T. RAJASEKHARAN NAIR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.1404 OF 2021(A)
2
JUDGMENT
Dated this the 19th day of January 2021
This writ petition is filed seeking the following reliefs:
"i) call for the records relating to Exhibits P5, P7 and
P8 and set aside the originals of the same by the issue of a
writ of certiorari or appropriate writ or order.
ii) issue a writ of mandamus or other appropriate
writ, order or direction commanding the 4th respondent to
grant approval to Exhibits P3 and P6 forthwith.
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 P9 after
affording an opportunity of being heard to the petitioner
within a time limit, duly taking note of Exhibits P10 to P12."
2. Heard the learned counsel for the petitioner and the learned
Government Pleader.
3. It is submitted by the learned counsel for the petitioner that
Ext.P9 revision petition has been filed by the petitioner before the 1 st
respondent challenging Exts.P5, P7 and P8 orders of the Educational
Authorities.
WP(C).No.1404 OF 2021(A)
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.P9 revision petition, after hearing the petitioner as
well. The judgments relied on by the petitioner shall also be
considered and appropriate orders shall be passed 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
SVP
WP(C).No.1404 OF 2021(A)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE G.O.(P)
NO.3/2019/G.EDN. DATED 28.2.2019.
EXHIBIT P2 TRUE COPY OF THE CIRCULAR
NO.J2/57/2019/G.EDN. DATED 8.3.2019 OF
THE GOVERNMENT.
EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 1.6.2017.
EXHIBIT P4 TRUE COPY OF THE RESIGNATION LETTER OF
SMT. DIVYA MOHAN DATED 1.6.2017.
EXHIBIT P5 TRUE COPY OF THE LETTER NO.B5-4468/17
DATED 12/17 OF THE DEO.
EXHIBIT P6 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 1.6.2018.
EXHIBIT P7 TRUE COPY OF THE LETTER NO.B5/4702/2018
DATED 15.9.2018 OF THE DEO.
EXHIBIT P8 TRUE COPY OF THE ORDER
NO.B4/16895/2018/K.DIS. DATED 21.3.2019
OF THE DDE.
EXHIBIT P9 TRUE COPY OF THE REVISION PETITION MOVED
BEFORE THE GOVERNMENT DATED 1.12.2020.
EXHIBIT P10 TRUE COPY OF THE DECISION REPORTED IN
2008 (2) KLT 771 (SC) DECIDED ON 8TH MAY
2008.
EXHIBIT P11 TRUE COPY OF THE DECISION REPORTED IN
ILR 2012 (4) KER. 420 DECIDED ON
3.11.2011.
EXHIBIT P12 TRUE COPY OF THE G.O.(RT.)
NO.3459/2020/G.EDN. DATED 28.12.2020 OF
THE GOVT.
