Sherly K.X vs State Of Kerala Represented By The ...
2021 Latest Caselaw 9874 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                       WP(C).No.7600 OF 2021(Y)


PETITIONER:
               SHERLY K.X.
               AGED 44 YEARS
               W/O JOSEPHKUTTY,VALIYAPARAMBIL
               THEKKETHIL,PULIMEL,PATTOOR.P.O,
               PADANILAM,ALAPPUZHA DISTRICT,PIN-690529.
               NOW WORKING AS L G HINDI TEACHER(PART TIME) AT C.A M
               H .S.KURUMPAKARA,PATHANAMTHITTA DISTRICT.

               BY ADVS.
               SRI.BABU CHERUKARA
               SHRI.ARUN BABU

RESPONDENTS:

      1        STATE OF KERALA REPRESENTED BY THE SECRETARY TO
               GENERAL EDUCATION DEPARTMENT. SECRETARIAT,
               TRIVANDRUM-695 001

      2        DIRECTOR GENERAL OF EDUCATION,
               GENERAL EDUCATION DEPARTMENT,JAGATHI,
               THIRUVANANTHAPURAM,PIN-695014.

      3        DEPUTY DIRECTOR OF EDUCATION,
               PATHANAMTHITTA,AT THIRUVALLA,NEAR
               GOVT.HOSPITAL,THIRUVALLA,PIN-689101.

      4        DISTRICT EDUCATIONAL OFFICER,
               PATHANAMTHITTA,AT THIRUVALLA,NEAR
               GOVT.HOSPITAL,THIRUVALLA,PIN-689101.

      5        THE ASSISTANT EDUCATIONAL OFFICER,
               ANCHAL,KOLLAM DISTRICT,PIN-691306.

      6        THE CORPORATE MANAGER,
               CATHOLIC BISHOPS SCHOOL,BISHOP'S HOUSE,
               PUNALUR,KOLLAM DISTRICT,PIN-691305.


               T RAJASEKHARAN NAIR SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7600 OF 2021(Y)               2



                                  JUDGMENT

Dated this the 24th day of March 2021

This writ petition is filed seeking the following relief:

issue a writ of mandamus or any other appropriate writ or order directing the 1st respondent to consider and dispose of Exhibit P9 review petition pending before him within a time frame after affording an opportunity for the petitioner to be heard.

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 was appointed as Probationary HSA Hindi (part time) in

the CAM H.S. Kurumpakara under the 6th respondent-Corporate

Manager. It is stated that the appointment was not approved stating

that the promotion of the incumbent in whose vacancy, the petitioner

was appointed had not been approved. It is submitted by the learned

counsel for the petitioner that the promotion is already approved by

Ext.P11 order. The Manager has approached the 1 st respondent with

Ext.P9 revision petition but no orders have been passed.

4. Having heard the learned counsel for the petitioner and the

learned Government Pleader, I notice that Ext.P9 is a revision petition

preferred against Ext.P8 proceedings of the 2 nd respondent by the

Corporate Manager. In the above view of the matter, I am of the

opinion that it is for the 1st respondent to take an appropriate

decision on the statutory revision petition preferred by the Manager.

There will, accordingly, be a direction to the 1 st respondent to

take up, consider and pass orders on Ext.P9, deeming it as a revision

petition under Rule 92 of Chapter XIV A KER as against Ext.P8 order

with notice to the petitioner as well as the 6th respondent within a

period of three months from the date of receipt of a copy of this

judgment. The petitioner as well as the Manager shall be put on

notice and heard through any appropriate means including video

conferencing. The petitioner shall produce a copy of the writ petition

along with a copy of this judgment before the 1 st respondent for

compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE PETITIONER BY THE 6TH RESPONDENT, THE CORPORATE MANAGER ON 15.07.2017

EXHIBIT P2 TRUE COPY OF THE ORDER NO.C/4541/2019 DATED 07.12.2019 ISSUED BY THE ASSISTANT EDUCATIONAL OFFICER, ANCHAL

EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER DATED 01.06.2018

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 30.03.2019 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P5 TRUE COPY OF THE APPEAL FILED BY THE 6TH RESPONDENT BEFORE THE 3RD RESPONDENT DATED 07.05.2019

EXHIBIT P6 TRUE COPY OF THE APPEAL REJECTION ORDER BY THE 3RD RESPONDENT DATED 05.08.2019

EXHIBIT P7 TRUE COPY OF THE REVISION MEMORANDUM FILED BY THE 6TH RESPONDENT BEFORE THE 2ND RESPONDENT DATED 29.08.2019

EXHIBIT P8 TRUE COPY OF THE ORDER DATED 25.02.2020 OF THE 2ND RESPONDENT

EXHIBIT P9 TRUE COPY OF THE REVIEW PETITION FILED BY THE 6TH RESPONDENT BEFORE THE SECRETARY TO THE GENERAL EDUCATION DEPARTMENT DATED 10.03.2020

EXHIBIT P10 TRUE COPY OF THE G.O.NO.J2/102/2019/G.EDN.DEPARTMENT DATED 05.08.2019 EXHIBIT P11 TRUE COPY OF THE ORDER NO.B2/3381/2018/D.DIS DATED 31.03.2019