Reena.V vs The State Of Kerala
2021 Latest Caselaw 12519 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                THE HONOURABLE SMT. JUSTICE P.V.ASHA

      FRIDAY, THE 21ST DAY OF MAY 2021 / 31ST VAISAKHA, 1943

                      WP(C) NO. 11338 OF 2021

PETITIONER:

     REENA.V,
     HIGH SCHOOL ASSISTANT, T.V. THOMAS MEMORIAL HIGH SCHOOL,
1.
     VELIUM, KOLLAM, PIN-691 541, RESIDING AT PRANAVAM,
     KARINGANNOOR P.O., KOTTARAKKARA, KOLLAM-691 516.

     BY ADV. SRI.S.SANTHOSH KUMAR (S-203)-21859
             SMT.ANJANA S.SANTHOSH
RESPONDENTS:

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

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

     THE DEPUTY DIRECTOR OF EDUCATION,
3.
     HIGH SCHOOL JUNCTION, KOLLAM-691 013.

     THE DISTRICT EDUCATIONAL OFFICER,
4.
     KOTTARAKKARA, KOLLAM-691 506.

     THE MANAGER,
5.   (DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA),
     TVTM HIGH SCHOOL, VELIUM, KOLLAM-691 541.

     HEADMISTRESS,
6.
     TVTM HIGH SCHOOL, VELIUM, KOLLAM-691 541.

     REMA S.,
7.   HIGH SCHOOL ASSISTANT, TVTM HIGH SCHOOL, VELIUM,
     KOLLAM-691 541,
     RESIDING AT SREEBHAVANAM, KOTTARAKKARA P.O., KOLLAM-691 506.
          BY ADV. SRI.BIJOY CHANDRAN, SENIOR GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD               ON
21.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.11338 OF 2021(N)

                                       2

                               JUDGMENT

Petitioner claims that she is the

senior most qualified hand eligible for

promotion as Headmistress in the 5th

respondent school.

2. It is stated that the vacancy is due

to arise on 01.06.2021 consequent to

retirement of the present incumbent. It is

stated that the DEO himself is acting as the

Manager of the school. Petitioner has

approached the DEO cum Manager with Ext.P7

representation and the Deputy Director of

Education with Ext.P8 representation,

requesting for promotion. According to her,

the 7th respondent though commenced service

earlier to petitioner, does not have the

requisite qualification.

As the petitioner has already

approached the 3rd respondent, I dispose of WP(C).No.11338 OF 2021(N)

the writ petition with a direction to the 3rd

respondent to consider Ext.P8 representation,

after affording an opportunity of hearing to

petitioner as well as the 7th respondent and

to pass orders in accordance with law, within

a period of one month from the date of receipt

of a copy of the judgment. Any action taken in

between would be subject to the decision to be

taken on the representation.

Sd/-

P.V.ASHA, JUDGE.

ww WP(C).No.11338 OF 2021(N)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1: TRUE COPY OF REPLY DATED 13.04.2021 OF THE 4TH RESPONDENT TO A.BINOJ UNDER RTI ACT 2005.

EXHIBIT P2: TRUE COPY OF THE STAFF STATEMENT OF TVTM HIGH SCHOOL, VELIUM AS ON 01.01.2019.

EXHIBIT P3: TRUE COPY OF ORDER DATED 18.06.2020 OF THE 4TH RESPONDENT SANCTIONING HIGHER GRADE TO 7TH RESPONDENT.

EXHIBIT P4: TRUE COPY OF GO(RT).NO.3812/10/G.EDN. DATED 27.08.2010.

EXHIBIT P5: TRUE COPY OF THE GO(RT) NO.4327/12/G.EDN. DATED 13.09.2012.

EXHIBIT P6: TRUE COPY OF THE JUDGMENT IN W.A.NO.1937/2018.

EXHIBIT P7: TRUE COPY OF REPRESENTATION DATED 13-05-2021 ALONG WITH COVERING LETTER DATED 13-05-2021 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P8: TRUE COPY OF REPRESENTATION DATED 13-05-2021 ALONG WITH COVERING LETTER DATED 13-05-2021 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.