Citation : 2021 Latest Caselaw 7292 Ker
Judgement Date : 2 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942
WP(C).No.5351 OF 2021(T)
PETITIONER:
NEETHA ANTONY,
AGED 39 YEARS
HIGH SCHOOL TEACHER(SOCIAL SCIENCE),
BVM HIGH SCHOOL,KALLETTUMKARA,
KALLETTUMKARA.P.O,THRISSUR-680683.
BY ADVS.
SRI.K.T.THOMAS
SRI.MATHEW B. KURIAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE,THIRUVANANTHAPURAM-695001.
2 THE DISTRICT EDUCATIONAL OFFICER,
IRINJALAKKUDA,THRISSUR-680121.
3 THE MANAGER,
BVM HIGH SCHOOL,KALLETTUMKARA,
KALLETTUMKARA.P.O,THRISSUR-680683.
SR GP T RAJASEKHARAN NAIR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.5351 OF 2021
2
JUDGMENT
Dated this the 2nd day of March 2021
This writ petition is filed seeking the following reliefs:-
(i) To issue a writ of mandamus or other appropriate writ, order or direction commanding the 1 respondent to consider st
and pass orders on Ext.P3 revision petition, after hearing the petitioner, within a time limit to be fixed by this Hon'ble Court.
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 the petitioner's appointment by promotion as HST in an
additional division vacancy from 01.06.2010 has been approved
only from 01.06.2011. Seeking the approval of appointment
from 01.06.2010 to 31.05.2011, the petitioner has moved Ext.P3
revision petition before the Government seeking the benefits of
the Government Orders which have been issued in the
meanwhile.
Having heard the learned Government Pleader also, I am of WP(C).No.5351 OF 2021
the opinion that since Ext.P3 has been placed before the 1 st
respondent, the same is liable to be considered and disposed of
in accordance with law. There will, accordingly, be a direction to
the 1st respondent to take up, consider and pass orders in Ext.P3
revision petition with notice to the petitioner as well as the
Manager within a period of three months from the date of receipt
of a copy of this judgment. The petitioner and the Manager shall
be heard through any appropriate means, including by video
conferencing. In case, the petitioner's appointment is found
liable to be approved, the resultant monetary benefits shall also
be released within a period of three months thereafter.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE
ssa WP(C).No.5351 OF 2021
APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED NIL ISSUED BY 3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED NIL ISSUED BY 3RD RESPONDENT ALONGWITH APPROVAL ORDER DATED 19.01.2021 ISSUED BY 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE REVISION PETITION DATED 19.11.2020 SUBMITTED BY PETITIONER.
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