Mary David.C vs The State Of Kerala
2021 Latest Caselaw 3103 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942

                       WP(C).No.1947 OF 2021(P)

PETITIONER :-

                MARY DAVID.C, AGED 46 YEARS
                W/O.K.A.ZHAKARIYA, LPSA, CMLP SCHOOL, KARIKKAD,
                KUNNAMKULAM, THRISSUR DISTRICT - 680 519.
                (RESIDING AT KOLAZHI HOUSE, GREENLAND, PORKALANGAD
                P O, KUNNAMKULAM,
                THRISSUR DISTRICT - 680 517).

                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 THIRUVANANTHAPURAM - 695 001.

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

      3         THE DEPUTY DIRECTOR OF EXUCATION
                THRISSUR - 680 003.

      4         THE DISTRICT EDUCATIONAL OFFICER
                CHAVAKKAD, THRISSUR DISTRICT - 680 020.

      5         THE ASSISTANT EDUCATIONAL OFFICER
                KUNNAMKULAM, THRISSUR DISTRICT - 680 503.

      6         THE MANAGER
                C M L P SCHOOL, KARIKKAD, KUNNAMKULAM,
                THRISSUR DISTRICT - 680 519.

      7         THE HEADMASTER
                C M L P SCHOOL, KARIKKAD, KUNNAMKULAM,
                THRISSUR DISTRICT - 680 519.

                BY SRI.BIJOY CHANDRAN, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1947 OF 2021(P)

                                       -: 2 :-


                                   JUDGMENT

Dated this the 28th day of January 2021

This writ petition is filed seeking the following reliefs :-

"(i) call for the records relating to Exhibits P5, P6 and P8 and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.

(ii) declare that the post in which the petitioner was appointed is available for open market candidate.

(iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st respondent to grant age relaxation to the petitioner for approval of her appointment.

(iv) issue a writ of mandamus or other appropriate writ, order or direction directing the respondents to approve Exhibit P4 appointment of the petitioner.

(v) issue a writ of mandamus or other appropriate writ, order or direction directing the 1st respondent to take a decision on Exhibit P9 adverting to Exhibits P10 and P11, with notice to the petitioner in a time bound manner."

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 against Exts.P5, P6 and P8 orders, the petitioner has approached

the Government and Ext.P9 revision petition has been preferred. It is

submitted that the said revision petition is liable to be considered and

disposed of taking note of Exts.P10 and P11 Government Orders as

well.

WP(C).No.1947 OF 2021(P)

Having heard the learned Government Pleader and

considered the contentions advanced, I am of the opinion that since

Ext.P9 has been preferred before the Government, the same is liable

to be considered and disposed of in accordance with law. The 1 st

respondent shall take up Ext.P9 and pass orders on the same, after

hearing the petitioner as well as the 6 th respondent through any

appropriate means including video conferencing, within a period of

three months from the date of receipt of a copy of this judgment.

Exts.P10 and P11 shall also be taken note of by the Government while

passing orders as directed above.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/30.1.2021 WP(C).No.1947 OF 2021(P)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 05.01.1998.

EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 03.09.2018.

EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER DATED 14.01.2019.

EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 06.06.2019.

EXHIBIT P5 TRUE COPY OF THE ORDER NO E/7247/K.DIS DATED 18/12/2019 ISSUED BY THE AEO.

EXHIBIT P6 TRUE COPY OF THE ORDER NO B1/190697/2019 DATED 11.08.2020 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER.

EXHIBIT P7 TRUE COPY OF THE APPEAL FILED BY THE MANAGER BEFORE THE DIRECTOR DATED 17/09/2020.

EXHIBIT P8 TRUE COPY OF THE ORDER NO E/421/20 DATED 12.02.2020 ISSUED BY THE AEO.

EXHIBIT P9 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 03.01.2021. (WITHOUT EXHIBITS).

EXHIBIT P10 TRUE COPY OF THE GO (RT) NO. 486/2020/G.EDN DATED 24.01.2020.

EXHIBIT P11 TRUE COPY OF THE GO (RT) NO. 5299/2019/G.EDN DATED 03.12.2019.

//TRUE COPY//

P.A. TO JUDGE