Jayamol K vs The State Of Kerala
2021 Latest Caselaw 23449 Ker

Citation : 2021 Latest Caselaw 23449 Ker
Judgement Date : 25 November, 2021

Kerala High Court

Jayamol K vs The State Of Kerala on 25 November, 2021

WP(C) NO. 25194 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. 25194 OF 2021
PETITIONER:

           JAYAMOL K.,
           AGED 44 YEARS
           WIFE OF N.C SHIBU, HIGHER SECONDARY SCHOOL TEACHER
           (ZOOLOGY) S.N. D P HIGHER SECONDARY SCHOOL,
           MUVATTUPUZHA, ERNAKULAM DISTRICT-686 661

           BY ADVS.
           V.A.MUHAMMED
           M.SAJJAD



RESPONDENTS:

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

    2      THE DIRECTOR OF GENERAL EDUCATION,
           (HIGHER SECONDARY WING), HOUSING BOARD BUILDINGS,
           SANTHI NAGAR, THIRUVANANTHAPURAM-695 001.

    3      THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
           EDUCATION,
           S R V SCHOOL BUILDING NO.3, S R V ROAD,
           ERNAKULAM SOUTH-682 011

    4      THE MANAGER
           S N D P HIGHER SECONDARY SCHOOL, MUVATTUPUZHA,
           ERNAKULAM DISTRICT-686 661
 WP(C) NO. 25194 OF 2021         2



    5       THE PRINCIPAL
            S N D P HIGHER SECONDARY SCHOOL, MUVATTUPUZHA,
            ERNAKULAM DISTRICT-686 661



            SMT. NISHA BOSE, SR. GOVERNMENT PLEADER




     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. 25194 OF 2021              3

                               JUDGMENT

The petitioner states that she has been working as HSA (Natural

Science) in SNDP Higher Secondary School with effect from 02.06.2004.

In the vacancy which arose in the post of HSST (Zoology) which occurred

in the school on 1.6.2021, the petitioner was granted transfer appointment

with effect from 15.7.2021. However, the approval of her appointment was

rejected by the 3rd respondent on untenable grounds, contends the

petitioner. Challenging the aforesaid order, the petitioner is stated to have

preferred Ext.P10 revision petition before the 1st respondent.

2. When this matter came up for consideration, Sri. M.Sajjad, the

learned counsel appearing for the petitioner submitted that in view of the

pendency of the revision petition, the petitioner would be satisfied if

directions are issued to the 1st respondent to consider and pass orders on

Ext.P10 revision petition in the light of Exts.P3 to P7 and within a

timeframe.

3. I have heard Smt.Nisha Bose, the learned Senior Government

Pleader.

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

by issuing the following directions:

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

consider and pass appropriate orders on Ext.P10 revision

petition, 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 as well as respondents 4 and 5.

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. While passing orders

the 1st respondent shall take note of Exts.P3 to P7 as well.

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.