Kumari Kala C vs The State Of Kerala
2021 Latest Caselaw 23422 Ker

WP(C) NO. 26544 OF 2021           1



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                      WP(C) NO. 26544 OF 2021
PETITIONER/S:
          KUMARI KALA C
          AGED 51 YEARS,WIFE OF ,
          HSA (NATURAL SCIENCE), KKM HSS VANDITHAVALAM,
          PALAKKAD DISTRICT-678 534, ON DEPLOYMENT AS BRC
          COORDINATOR CRC CHITTUR 678 101 (RESIDING AT
          PUNARTHAM, KACHERIMEDU, CHITTUR,
          PALAKKAD DISTRICT 678 101)

             BY ADVS.
             V.A.MUHAMMED
             M.SAJJAD


RESPONDENTS :
     1    THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
          THIRUVANANTHAPURAM 695 001

     2       THE DIRECTOR OF GENERAL EDUCATION
             JAGATHY, THIRUVANANTHAPURAM 695 014

     3       THE DEPUTY DIRECTOR OF EDUCATION
             CIVIL STATION, PALAKKAD 678 001

     4       THE DISTRICT EDUCATIONAL OFFICER
             MUNICIPAL COMPLEX, ROBINSON ROAD, SULTANPET,
             PALAKKAD 678 014

     5       THE MANAGER
             KKM HSS VANDITHANAM, PALAKKAD DISTRICT 678 534

     6       THE PRINCIPAL
             KKM HSS VANDITHANAM, PALAKKAD DISTRICT 678 534

             SMT. NISHA BOSE, SR. GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   25.11.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 26544 OF 2021               2




                                  JUDGMENT

The petitioner claims that despite the fact that she is the senior most

HSA (Natural Science) available in the KKM HSS Vandithavalam, the

respondents have ordered the deployment of the petitioner as a protected

teacher. Being aggrieved, the petitioner is stated to have preferred Ext.P4

revision petition before the 1st respondent. This was followed up with Ext.P5

representation. The petitioner contends that neither Ext.P4 nor Ext.P5 were

taken up and considered by the concerned respondent. It is in the afore

circumstances, the petitioner is before this Court seeking a direction to the 1st

respondent to take up, consider and pass orders on Exts.P4 and P5 in an

expeditious manner.

2. I have heard Sri.M. Sajjad, the learned counsel appearing for the

petitioner and Smt. Nisha Bose, the learned Senior Government Pleader.

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

to the respondents 5 and 6 is dispensed with.

4. 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) There will be a direction to the 1st respondent to take up, consider

and pass appropriate orders on Exts.P4 and P5, as per procedure

and in adherence to the provisions of law, after affording an

opportunity of being heard, either physically or virtually, to the

petitioner herein or her authorised representative and

respondents 5 and 6.

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 NS

APPENDIX OF WP(C) 26544/2021

PETITIONER(S) EXHIBITS

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 31.7.1995

EXHIBIT P2 TRUE COPY OF THE SENIORITY LIST OF THE SCHOOL DATED 1.4.2016

EXHIBIT P3 TRUE COPY OF THE ORDER NO.B3/6213/2016 DATED 22.8.2016 OF THE DEPUTY DIRECTOR OF EDUCATION DEPLOYING THE PETITONER

EXHIBIT P4 TRUE COPY OF THE REVISION PETITION DATED 4.2.2017 FILED BY THE PETITIONER BEFORE THE GOVERNMENT.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 16.10.2021.

RESPONDENT(S) EXHIBITS : NIL