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Shanitha K.P vs The State Of Kerala
2021 Latest Caselaw 21978 Ker

Citation : 2021 Latest Caselaw 21978 Ker
Judgement Date : 3 November, 2021

Kerala High Court
Shanitha K.P vs The State Of Kerala on 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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