Smitha J.P vs State Of Kerala
2021 Latest Caselaw 23135 Ker

WP(C) NO. 26429 OF 2021           1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943


                     WP(C) NO. 26429 OF 2021


PETITIONER/S:



          SMITHA J.P.,
          AGED 45 YEARS,
          D/O PUSHPAKUMARI J P,
          PARAGON, THENGUMPALLI, ONAMCODE, KATTAKADA P.O, NOW
          RESIDING AT SHAINY VILASAM, NEDUMANGADU,
          NEYYATTINKARA, PIN-695541.

          BY ADV JIBU P THOMAS




RESPONDENT/S:



    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY , GOVERNMENT EDUCATION
          DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695001.

    2     THE DIRECTOR OF GENERAL EDUCATION,
          DIRECTORATE OF GENERAL EDUCATION, DPI JUNCTION,
          JAGATHY P.O, THIRUVANANTHAPURAM, PIN-695014.

    3     ASSISTANT EDUCATIONAL OFFICER,
          ASSISTANT EDUCATIONAL OFFICE, PARASSALA, PARASSALA
          P.O, THIRUVANANTHAPURAM DISTRICT, PIN-695502.
 WP(C) NO. 26429 OF 2021           2



    4     DISTRICT EDUCATIONAL OFFICER,
          DISTRICT EDUCATIONAL OFFICE, NEYYATTINKARA,
          NEYYATTINKARA P.O, THIRUVANANTHAPURAM, PIN-695121.

    5     THE CORPORATE MANAGER,
          LMS SCHOOLS, LMS COMPOUND, PALAYAM, THRUVANANTHAPURAM,
          PIN-695033.




          SRI BIJOY CHANDRAN, SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26429 OF 2021                   3

                                 JUDGMENT

The petitioner states that she is presently working as UPSA/UPST in

LMSUPS, Kottukonam, an aided School under the management of the 5th

respondent. The grievance of the petitioner is that proposal for the appointment

of the petitioner, which was forwarded to the AEO was declined on the ground

that the said post was set apart for protected Teachers. The petitioner states

that being aggrieved, the petitioner has preferred Exhibit-P6 representation

before the 3rd respondent, which is pending consideration.

2. When this matter came up for consideration, Sri.Jubu P. Thomas, the

learned counsel appearing for the petitioner submitted that the petitioner would

be satisfied if directions are issued to the 3rd respondent to consider and pass

orders on Ext.P6 representation within a time frame with due notice.

3. I have heard Sri.Bijoy Chandran, the learned Senior Government

Pleader.

4. In view of the nature of the order that I propose to pass, notice to

the 5th respondent is dispensed with.

5. After having carefully evaluated the contentions raised in this writ

petition, the submissions made across the Bar and the facts and circumstances, I

am of the view that this writ petition can be disposed of at the admission stage

itself by issuing the following directions:

a) Without expressing any opinion on the merits of the assertions made

in the representation there will be a direction to the 3rd respondent

to take up, consider and pass appropriate orders on Ext.P6, after

affording an opportunity of being heard, either physically or virtually,

to the petitioner herein or her authorised representative as well as

the 5th respondent.

b) Orders, as directed above, shall be passed expeditiously, in any event,

within a period of three months from the date of production of a

copy of this judgment.

c) It would be open to the petitioner to produce a copy of the writ

petition along with the judgment before the concerned respondent

for further action.

This writ petition is disposed of.

SD/-

RAJA VIJAYARAGHAVAN V JUDGE DSV

APPENDIX OF WP(C) 26429/2021

PETITIONER (S) EXHIBITS:

Exhibit P1 TRUE PHOTO COPY OF THE RANK LIST PUBLISHED BY THE MANAGEMENT.

Exhibit P2 TRUE PHOTO COPY OF THE ORDER NO.B/568/19/CM DATED 31.05.2019 OF THE 5TH RESPONDENT.

Exhibit P3 TRUE PHOTO COPY OF THE JOINING REPORT DATED 13.06.2019 ISSUED BY THE HEAD MASTER.

Exhibit P4 TRUE PHOTO COPY OF THE ORDER NO.

C/12445/2019 DATED 23.12.2019 ISSUED BY THE AEO, PARASSALA.

Exhibit P5 TRUE PHOTO COPY OF THE REVISED ORDER NO.B/555/19/CM DATED 04.02.2020 OF THE 5TH RESPONDENT.

Exhibit P6 TRUE PHOTO COPY OF THE REPRESENTATION DATED 09.10.2021 SUBMITTED BEFORE THE 3RD RESPONDENT.

RESPONDENT (S) EXHIBITS: NIL