Citation : 2021 Latest Caselaw 21978 Ker
Judgement Date : 3 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
WP(C) NO. 24073 OF 2021
PETITIONER:
1 SHANITHA K.P
AGED 41 YEARS
WIFE OF SHAJAN M.K., OFFICE ATTENDANT, ST. FRANCIS
UP SCHOOL, VAYALTHUR, THRISSUR DISTRICT
(RESIDING AT KOTTUKAL (H) MULLASSERY P.O.-680 509)
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REP.BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXURE - II,
THIRUVANANTHAPURAM - 695 001
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM 695 014
3 THE DEPUTY DIRECTOR OF EDUCATION
CIVIL STATION, THRISSUR DISTRICT 680 003
4 THE DISTRICT EDUCATIONAL OFFICER
THRISSUR CITY POST OFFICE, CHAVAKKAD
THRISSUR DISTRICT 680 020
5 THE ASSISTANT EDUCATIONAL OFFICER
CHAVAKKAD GURUVAYOOR,
THRISSUR DISTRICT 680 101
6 THE MANAGER
ST. FRANCIS UP SCHOOL, VAYALTHUR,
THRISSUR DISTRICT-679 563
WPC NO.24073 OF 2021
2
BY ADV. SRI.BIJOY CHANDRAN, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.11.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WPC NO.24073 OF 2021
3
JUDGMENT
Dated this the 03rd day of November, 2021
The petitioner was appointed as an Office
Attendant in the 6th respondent school with effect
from 07.09.2020 against a resignation vacancy. The
proposal for approval was rejected by Ext.P4 order by
the A.E.O., Chavakkad, on the premise that she was
over aged. Challenging Ext.P4, the petitioner moved
the Government by way of revision, which is pending.
Lamenting that, inspite of considerable delay, the
above revision is not disposed of, the petitioner has
approached this court.
2. Having heard the learned Counsel for the
petitioner and the learned Government Pleader
appearing for respondents 1 to 5, I am inclined to
dispose of the Writ Petition itself with a direction to
the first respondent to take up, consider and dispose
of Ext.P10 revision on merits, in the light of the
documents produced in the Writ Petition, as WPC NO.24073 OF 2021
expeditiously as possible, at any rate, within a period
of three months, from the date of receipt of a copy of
this judgment, after giving a reasonable opportunity
of being heard to the petitioner and the 6 th
respondent, either physically or online. The petitioner
shall forward a copy of the Writ Petition, along with a
copy of the judgment to the Government, within ten
days from the date of receipt of a copy of this
judgment, in continuation of Ext.P10.
Accordingly, the Writ Petition is disposed of.
Sd/-
SUNIL THOMAS
JUDGE SKP/03-11 WPC NO.24073 OF 2021
APPENDIX OF WP(C) 24073/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT PROPOSAL SUBMITTED THROUGH SAMANWYA EXHIBIT P2 TRUE COPY OF THE ORDER OF THE AEO CHAVAKKAD NO.C/5556/2020 DATED 1.10.2020 EXHIBIT P3 TRUE COPY OF THE ORDER NO.B1/193699/2020 DATED 1.6.2021 OF THE DEO CHAVAKKAD EXHIBIT P4 TRUE COPY OF THE ORDER NO.C/111627/2021 DATED 29.7.2021 OF THE AEO CHAVAKKAD EXHIBIT P5 TRUE COPY OF THE 1ST PAGE OF SSLC BOOK OF THE PETITIONER EXHIBIT P6 TRUE COPY OF THE GAZETTE NOTIFICATION VIDE GO(MS) NO.401/78/GAD DATED 23.8.1978 EXHIBIT P7 TRUE COPY OF THE G.O.(MS) NO.28/2012/P&ARD DATED 20.6.2012 EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.14349 OF 2019 DATED 14.10.2020 EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.30430 OF 2016 DATED 13.2.2017 EXHIBIT P10 TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER (WITHOUT EXHIBITS) DATED 6.8.2021 EXHIBIT P11 TRUE COPY OF THE GO (RT) NO.1408/2020/G.EDN DATED 25.3.2020 EXHIBIT P12 TRUE COPY OF THE GO(RT) NO.348/2020/G.EDN DATED 20.1.2020 RESPONDENTS' EXHIBITS: NIL
TRUE COPY P.A.TO JUDGE
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