Betty Joseph vs State Of Kerala
2021 Latest Caselaw 12897 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                        THE HONOURABLE MR.JUSTICE C.S.DIAS
            FRIDAY, THE 11TH DAY OF JUNE 2021 / 21ST JYAISHTA, 1943
                              WP(C) NO. 11486 OF 2021
PETITIONER:

                  BETTY JOSEPH,
                  AGED 55 YEARS,
                  HIGHER SECONDARY SCHOOL TEACHER (MALAYALAM), ST. MARY'S
                  HIGHER SECONDARY SCHOOL, CHAMPAKULAM, ALAPPUZHA, RESIDING
                  AT KURISUMOOTTIL HOUSE, THRIKKODITHANAM VILLAGE,
                  CHANAGANASSERY TALUK, KOTTAYAM.

                  BY ADV S.MOHAMMED AL RAFI



RESPONDENTS:

       1          STATE OF KERALA,
                  REPRESENTED BY SECRETARY, GENERAL EDUCATIONAL DEPARTMENT,
                  GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

       2          THE DIRECTOR OF HIGHER SECONDARY EDUCATION,
                  OFFICE OF DIRECTORATE HIGHER SECONDARY EDUCATION,
                  THIRUVANANTHAPURAM-695001.

       3          THE REGIONAL DEPUTY DIRECTOR,
                  HIGHER SECONDARY EDUCATION, CHENGANNUR-689121.

       4          CORPORATE MANAGER,
                  CORPORATE MANAGEMENT OF SCHOOLS, ARCHDIOCESE OF
                  CHANGANACHERRY, KOTTAYAM-686101.


OTHER PRESENT:

                  GP-- NISHA BOSE .



THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
11.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11486 OF 2021                 2


                           JUDGMENT

Dated this the 11th day of June 2021

This writ petition is filed to direct the 2 nd respondent to

consider Ext.P5 within a time frame.

2. The petitioner has averred in the writ petition that

she is working as a Higher Secondary School Teacher in a

school managed by the 4th respondent. Ext.P1 is the

appointment of the petitioner as HSST Malayalam. The 4th

respondent had on 10.6.2019 submitted an application to the

3rd respondent for the approval of the petitioner's

appointment. Nevertheless, the 3rd respondent prolonged

the matter for more than two years on flimsy grounds.

Finally, the 3rd respondent rejected the proposal by Ext.P2.

The 4th respondent again resubmitted the proposal, which

was again rejected by the 3rd respondent by Ext.P3. The

petitioner is retiring from service on 31.5.2021 and has not

been paid her salary since 31.12.2020. In the said situation,

the petitioner has submitted Ext.P5 representation before

the 2nd respondent, requesting to approve her appointment.

Hence, the writ petition.

3. Heard the learned counsel appearing for the

petitioner and the learned Government Pleader appearing for

the respondents 1 to 3. In view of the limited relief that, I

propose to pass, I have dispensed with notice to the 4 th

respondent.

4. Taking into consideration the fact that Ext.P5

representation submitted by the petitioner is pending

consideration before the 2nd respondent, without expressing

anything on merits on the matter, I direct the 2 nd respondent

to consider Ext.P5 representation, in accordance with law,

and dispose of the same as expeditiously as possible and at

any rate within a period of two months from the date of

receipt of a copy of this judgment.

The Writ Petition is ordered accordingly.

Sd/-

C.S.DIAS

JUDGE

pm

APPENDIX OF WP(C) 11486/2021

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 06/06/2019, ISSUED BY THE 4TH RESPONDENT.

Exhibit P2 TRUE COPY OF THE ORDER NO.4644/C3/2020/RDD/CNGR, DATED 12/01/2021, ISSUED BY THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE ORDER NO.

1336/C3/2021/RDD/CNGR, DATED 24/03/2021, ISSUED BY 3RD RESPONDENT.

Exhibit P4 TRUE COY OF THE LETTER NO. HSS/1/19, DATED 19/02/2020, ISSUED BY THE 4TH RESPONDENT TO 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 26/04/2021, SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.