Sreevidya N vs The State Of Kerala
2021 Latest Caselaw 20686 Ker

WP(C) NO. 21055 OF 2021         1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
                    WP(C) NO. 21055 OF 2021
PETITIONER/S:

          SREEVIDYA N.,
          AGED 41 YEARS
          WIFE OF K.K PADMAKUMAR, LOWER GRADE HINDI TEACHER,
          SREE HARIHARASUDHA VILASOM HIGH SCHOOL, KARAKKAD,
          P.O. KARAKKAD, MULAKKUZHA, CHENGANNUR
          ALAPPUZHA DISTRICT 689 504, (RESIDING AT NAKSHTHRA,
          POST ARNOOTIMAGALAM, MAVELIKARA,
          ALAPPUZHA DISTRICT 690 110 .

          BY ADVS.
          V.A.MUHAMMED
          V.RAJASEKHARAN NAIR


RESPONDENT/S:

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

    2      THE DIRECTOR OF GENERAL OF EDUCATION,
           JAGATHY, THIRUVANANTHAPURAM 695 014.

    3      THE DEPUTY DIRECTOR OF EDUCATION,
           CIVIL STATION, ALAPPUZHA 688 001.

    4      THE DISTRICT EDUCATIONAL OFFICER,
           MAVELIKARA 690 101, ALAPPUZHA DISTRICT.

    5      THE MANAGER,
           SREE HARIHARASUDHA VILASOM HIGH SCHOOL,
           KARAKKAD P.O., KARAKKAD, MULAKKUZHA, CHENGANNUR,
           ALAPPPUZHA DISTRICT 689 504.

           SRI BIJOY CHANDRAN, SR GP
 WP(C) NO. 21055 OF 2021               2

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   05.10.2021,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 21055 OF 2021               3

                                 JUDGMENT

The petitioner contends that she commenced her continuous service as

L.G.Hindi Teacher in the Sree Hariharasudha Vilasom High School, Karakkad

from 1.6.2015 against a regular vacancy that arose on account of the

promotion of Smt.G.Sreekala, L.G.Hindi Teacher, as per Ext.P1 order. She

contends that she has acquired the requisite qualifications and has also

passed the K-TET category IV in October, 2018. According to the petitioner,

she is fully qualified for the post of HSA (Hindi). However, the 4th respondent

has refused to issue the K-TET certificate on frivolous grounds. Being

aggrieved, the petitioner is stated to have preferred Ext.P11 revision petition

before the Government, which is stated to be pending. Being aggrieved by

the delay in considering the revision petition, the petitioner is before this

Court seeking directions.

2. 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 Ext.P11 revision petition in an

expeditious manner with due notice.

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

Pleader.

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

the party 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 Ext.P11, 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 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 sru

APPENDIX OF WP(C) 21055/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2015.

Exhibit P2 TRUE COPY OF THE SIKSHA VISARAD TITLE AWARDED BY HINDI SAHITYA SAMMELAN, PRAYGA ALONG WITH TRANSLATION.

Exhibit P3 TRUE COPY OF THE KTET CERTIFICATE OF THE PETITIONER.

Exhibit P4 TRUE COPY OF THE G.O.(MS) NO.

38/98/G.EDN. DATED 17.03.1998 OF THE GOVERNMENT.

Exhibit P5 TRUE COPY OF THE EXAMINATION RESULTS OF THE PETITIONER (CATEGORY III).

Exhibit P6 TRUE COPY OF THE LETTER NO. A5/3803/20 DATED 26.07.2021 OF THE DEO, MAVELIKKARA.

Exhibit P7 TRUE COPY OF THE LETTER NO. PROGRAMME 4/2116/2020/SERT DATED 02.12.2020 OF THE DIRECTOR.

Exhibit P8 TRUE COPY OF THE LETTER NO. J3/18/2-

2-/G.EDN. DATED 27.08.2020 OF THE GOVERNMENT.

Exhibit P9 TRUE COPY OF THE G.O.(MS) NO.

28/2010/G.EDN DATED 09.02.2010 OF THE GOVERNMENT.

Exhibit P10 TRUE COPY OF THE GENUINENESS CERTIFICATE DATED 01.05.2017 ALONG WITH TRANSLATION.

Exhibit P11 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 16.09.2021.

Exhibit P12 TRUE COPY OF THE G.O. (RT) NO.

2017/2012/G.EDN. DATED 02.05.2012 OF THE GOVT.

Exhibit P13 TRUE COPY OF THE G.O.(RT) NO.

2829/2021/G.EDN. DATED 24.05.2021 OF THE GOVT.

Exhibit P14 TRUE COPY OF THE DECISION REPORTED IN 2012(2) KHC 750 DECIDED ON 04.04.2012.

RESPONDENTS EXHIBITS:NIL