Haripriya .R. vs The State Of Kerala
2021 Latest Caselaw 8368 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942

                       WP(C).No.8241 OF 2020(E)

PETITIONER:

               HARIPRIYA .R., AGED 47 YEARS
               W/O. MURALIDHARAN.V., SRAMBIKULAMBU HOUSE,
               MANGALAM DAM POST, PALAKKAD DISTRICT-678 706

               SRI.K.A.MANZOOR ALI
               SRI.V.A.MUHAMMED

RESPONDENTS:

      1        THE STATE OF KERALA
               REPRESENTED BY ITS SECRETARY TO GOVERNEMENT, GENERAL
               EDUCATION DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM-695 001

      2        THE DIRECTOR OF PUBLIC INSTRUCTIONS,
               JAGATHY, THIRUVANANTHAPURAM-695 014

      3        THE DEPUTY DIRECTOR OF EDUCATION,
               PALAKKAD DISTRICT-678 014

      4        THE DEPUTY DIRECTOR OF EDUCATION,
               MALAPPURAM DISTRICT-676 519

      5        THE DISTRICT EDUCATIONAL OFFICER,
               PALAKKAD DISTRICT-678 014

      6        THE MANAGER,
               KKM HIGHER SECONDARY SCHOOL, VANDITHAVALAM, PALAKKAD
               DISTRICT-678 534

      7        THE PRINCIPAL
               KKM HIGHER SECONDARY SCHOOL, VANDITHAVALAM, PALAKKAD
               DISTRICT-678 534

      8        THE REGIONAL DEPUTY DIRECTOR,
               PALAKKAD DISTRICT-678 014

               SRI. P.M.MANOJ - SR.GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD         ON
12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8241 OF 2020(E)


                                      2




                               JUDGMENT

Dated this the 12th day of March 2021

Even though various allegations, averments and

assertions have been made and urged in this writ petition,

when this matter was called today, the learned counsel for the

petitioner, Sri.Manzoor Ali K.A., submitted that he is confining

his plea that the 8th respondent - Regional Deputy Director,

Palakkad be directed to take up Ext.P13 appeal of the

petitioner and dispose of the same in terms of law, within a

time frame to be fixed by this Court.

2. The learned Senior Government Pleader, Sri.P.M.Manoj

submitted that if the petitioner only requires the disposal of

Ext.P13 appeal, then there is no legal impediment in it being

taken up and disposed of; but prayed that this Court may not

make any affirmative declarations as to the entitlement of the

petitioner to any relief and leave it to the competent Authority

to take a decision on it in terms of law.

3. I notice from the file that the summons issued to the

sixth respondent has not yet been served; however, I am of the

view that in spite of this, it will be justified for this Court to WP(C).No.8241 OF 2020(E)

dispose of this writ petition, since the directions I propose will

not prejudice him in any manner.

4. In the afore circumstances and taking note of the

submissions of the learned Senior Government Pleader, I

order this writ petition and direct the 8th respondent to take up

Ext.P13 appeal/representation of the petitioner and dispose of

the same, after affording an opportunity of being heard to

him, the sixth respondent - Manager, as also any other teacher

who may be affected - either physically or through video

conferencing - thus culminating in an appropriate order

thereon, as expeditiously as is possible, but not later than four

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

It is made clear that since I have not considered any of

the contentions of the rival parties on its merits, all of them

are left open to be pursued by them appropriately before the

8th respondent, when the afore exercise is completed.

                                          Sd/- DEVAN RAMACHANDRAN

stu                                                 JUDGE
 WP(C).No.8241 OF 2020(E)





                              APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1         A TRUE COPY OF THE APPOINTMENT ORDER DATED
                   12.12.2005 OF THE PETITIONER

EXHIBIT P2         TRUE COPY OF THE JOINING REPORT OF THE PETITIONER
                   DATED 5.12.2005

EXHIBIT P3         TRUE COPY OF THE DECLARATION FURNISHED OF THE
                   MANAGER DATED 9.7.2007

EXHIBIT P4         TRUE COPY OF THE GOVERNMENT LETTER

NO.12535/T2/2003/G.EDN DATED 2.3.2005

EXHIBIT P5 TRUE COPY OF THE GOVERNMENT LETTER NO.38537/T1/2008/G.EDN. DATED 1.12.2008

EXHIBIT P6 TRUE COPY OF THE RELEVANT PORTION OF THE GOVERNMENT FILE OBTAINED UNDER THE RIGHT TO INFORMATION ACT ALONG WITH COVERING LETTER NO.211101/T2/2010/G.EDN DATED 5.5.2010

EXHIBIT P7 TRUE COPY OF THE G.O(MS) NO.275/99/G.EDN DATED 9.1.1999

EXHIBIT P8 TRUE COPY OF THE JUDGMENT REPORTED IN 2007(2)KLT SN 63

EXHIBIT P8A TRUE COPY OF THE JUDGMENT IN WPC NO.35993/2018 DATED 21.12.2009 OF THIS HON'BLE COURT

EXHIBIT P9 TRUE COPY OF THE ORDER NO.E.M.(1) / 9302/2019/D.P/I/K.DIS DATED 6.5.2019 BY THE 2ND RESPONDENT

EXHIBIT P10 TRUE COPY OF THE REVISION DATED 2.7.2019 FILED BY THE PETITIONER

EXHIBIT P11 TRUE COPY OF THE JUDGMENT IN WPC NO.21483/2019 DATED 6.8.2019 OF THIS HON'BLE COURT

EXHIBIT P12 TRUE COPY OF THE JUDGMENT IN WA NO.2306/2019 DATED 18.2.2020 OF THIS HON'BLE COURT

EXHIBIT P13 TRUE COPY OF THE APPEAL DATED 2.3.2020 FILED BEFORE THE 8TH RESONDENT