Jafeena K.P vs The State Of Kerala
2021 Latest Caselaw 23735 Ker

WP(C) NO. 27071 OF 2021           1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                    WP(C) NO. 27071 OF 2021
PETITIONER/S:

          JAFEENA K.P.,
          AGED 38 YEARS,
          WIFE OF AZEEZ, UPPER PRIMARY SCHOOL ASSISTANT,
          B K NAIR MEMORIAL UP SCHOOL, NIDUMPOYIL,
          KOZHUKKOLLUR, MELADY-673524, KOZHIKODE DISTRICT.

          BY ADVS.
          V.A.MUHAMMED
          M.SAJJAD




RESPONDENT/S:



    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX II,
          THIRUVANANTHAPURAM-695001.

    2     THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM-695014.

    3     THE DISTRICT EDUCATIONAL OFFICER,
          VATAKARA, KOZHIKODE-673101.

    4     THE ASSISTANT EDUCATIONAL OFFICER,
          MELADY, VATAKARA, KOZHIKODE DISTRICT-673101.
 WP(C) NO. 27071 OF 2021           2

    5     THE MANAGER,
          B K NAIR MEORIAL UP SCHOOL, NIDUMPOYIL, KOZHUKKOLLUR,
          MELADY-673524, KOZHIKODE DISTRICT.




          SRI BIJOY CHANDRAN, SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27071 OF 2021                      3

                                  JUDGMENT

The petitioner states that she was appointed as UPSA in the B.K.Nair

Memorial UP School, Nidumpoyil, an aided School under the management of

the 5th respondent, on 01.06.2016 against a retirement vacancy. The

petitioner contends that the approval of the appointment was declined by the

AEO and the same was upheld by the DEO as well. Being aggrieved, the

petitioner is stated to have preferred Exhibit-P6 revision petition before the 1st

respondent. It is in the above backdrop that this writ petition is filed seeking to

set aside Exts.P2 and P3 and for incidental reliefs.

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

counsel appearing for the petitioner, submitted that the limited request of the

petitioner is for issuance of directions to the 1st respondent to consider and

pass appropriate orders on Exhibit-P6 revision petition within a time frame.

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) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Exhibit-P6 revision petition preferred by the petitioner, as per procedure and in accordance with the law, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorised representative and 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) 27071/2021

PETITIONER (S) EXHIBITS :

Exhibit P1          TRUE COPY OF THE APPOINTMENT ORDER OF THE
                    PETITIONER DATED 01.06.2016

Exhibit P2          TRUE COPY OF THE ORDER

NO.K.DIS.C/2133/2016 DATED 29.10.2016 OF THE AEO, MELADY

Exhibit P3 TRUE COPY OF THE ORDER NO1.K.DIS.B5/564/2020 DATED 08.11.2020 OF THE DEO, VATAKARA

Exhibit P4 TRUE COPY OF THE REVISION FILED BEFORE 2ND RESPONDENT BY THE MANAGER 10.02.2021

Exhibit P5 TRUE COPY OF THE G.O.

(RT)NO.1958/2021/G.EDN. DATED 26.02.2021 OF THE GOVT.

Exhibit P6 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 01.11.2021 (WITHOUT EXHBITS)

Exhibit P7 TRUE COPY OF THE G.O.

(P)NO.3/2019/G.EDN.DATED 28.02.2019 OF THE GOVERNMENT

Exhibit P8 TRUE COPY OF THE CIRCULAR NO.J2/57/2019/G.EDN. DATED 08.03.2019 OF THE GOVT.

RESPONDENT (S) EXHIBITS : NIL