Kerala High Court
P.Padmaja Devi vs The State Of Kerala on 22 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942
WP(C).No.20674 OF 2012(H)
PETITIONERS:
1 P.PADMAJA DEVI, AGED 39 YEARS
W/O. T.P.RAJENDRA KUMAR, UPPER PRIMARY SCHOOL
ASSISTANT, SREE NARAYANA MEMORIAL VOCATIONAL
HIGHER SECONDARY SCHOOL, VANNAPPURAM,
THODUPUZHA, IDUKKI DISTRICT.
2 GINCY M.CHELAPUZHAYIL, AGED 29 YEARS
W/O. DENNY GEORGE, LOWER PRIMARY SCHOOL ASSISTANT,
SREE NARAYANA MEMORIAL VOCATIONAL HIGHER SECONDARY
SCHOOL, VANNAPPURAM, THODUPUZHA, IDUKKI DISTRICT.
BY ADV. SRI.V.A.MUHAMMED
SRI.K.E.HAMSA
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF PUBLIC INSTRUCTIONS
JAGATHY, THIRUVANANTHAPURAM-695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION
IDUKKI AT THODUPUZHA-685 584.
4 THE DISTRICT EDUCATIONAL OFFICER
THODUPUZHA-685 584.
5 THE MANAGER, SREE NARAYANA MEMORIAL VOCATIONAL
HIGHER SECONDARY SCHOOL, VANNAPPURAM,
THODUPUZHA, IDUKKI DISTRICT-685 582.
6 SMT. BINDU PAUL, UPPER PRIMARY SCHOOL ASSISTANT,
SREE NARAYANA MEMORIAL VOCATIONAL HIGHER
SECONDARY SCHOOL, VANNAPPURAM, THODUPUZHA,
IDUKKI DISTRICT-685 582.
WPC 20674/12
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7 SMT.RENJU BABU, UPPER PRIMARY SCHOOL ASSISTANT,
SREE NARAYANA MEMORIAL VOCATIONAL HIGHER
SECONDARY SCHOOL, VANNAPPURAM, THODUPUZHA,
IDUKKI DISTRICT-685 582.
BY ADVS.
SRI.AVANEESH KOYIKKARA
SRI.SHABU SREEDHARAN
SRI.TONY THOMAS INCHIPARAMBIL
SRI. P.M.MANOJ - SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 20674/12
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JUDGMENT
The petitioner has approached this Court
impugning Ext.P6, but says that pending this
lis, her approval with effect from 2006 has
been granted. She says that what is now
remaining is reckoning of the seniority
between herself and the persons appointed in
the meanwhile and also for her inclusion in
the Teachers' package. She, therefore, prays
that Government be directed to take a decision
on these aspects at the earliest.
2. In response to the afore submissions
made on behalf of the petitioner by her
learned counsel - Sri.M.Sajjad, the learned
Senior Government Pleader - Sri.P.M.Manoj,
submitted that since Ext.P6 has already been
concluded, the petitioner will have to
approach the Government with a fresh
representation on the afore aspects and that
if this is done, the competent Authority will
WPC 20674/12
consider the same, after hearing her as also
the affected teachers. He, therefore, prayed
that this Writ Petition be ordered only on
such terms.
3. When I consider the afore submissions,
it is indubitable that the petitioner now
concedes that she has been approved with
effect from 2006 and what remains is only the
afore aspects recorded.
4. Obviously, therefore, the petitioner
must approach the Government with a fresh
representation; and if this is done within a
period of three weeks from the date of receipt
of a copy of this judgment, its competent
Authority will consider the same, after
affording an opportunity of being heard to
her, as also to the concerned teachers and the
Manager of the School - either physically or
through video-conferencing - thus culminating
in an appropriate order thereon as
WPC 20674/12
expeditiously as is possible, but not later
than four months from the date on which such
representation is made.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN
RR JUDGE
WPC 20674/12
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE GO (P)
NO.199/2011/G.EDN. DATED 01/10/2011
OF THE GOVERNMENT.
EXHIBIT P2 TRUE COPY OF THE
GO(P)NO.205/2011/G.EDN. DATED
07/10/2011 OF THE GOVERNMENT.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF
THE LIST OF EXCESS TEACHER IN IDUKKI
DISTRICT.
EXHIBIT P4 TRUE COPY OF THE GO(RT) NO.,
2998/2010/G.EDN. DATED 09/07/2010 OF
THE GOVERNMENT.
EXHIBIT P5 TRUE COPY OF THE APPEAL FILED BEFORE
THE GOVERNMENT DATED 09/12/2011 (1ST
PETITIONER).
EXHIBIT P5(A) TRUE COPY OF THE APPEAL FILED BEFORE
THE GOVERNMENT DATED 09/12/2011 (2ND
PETITIONER).
EXHIBIT P6 TRUE COPY OF THE GO(RT)
NO.3147/12/G.EDN. DATED 04/07/2012
OF THE GOVERNMENT.
