Ramlath S vs The State Of Kerala
2021 Latest Caselaw 21112 Ker

WP(C) NO. 22366 OF 2021           1




            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943




                    WP(C) NO. 22366 OF 2021


PETITIONER/S:



          RAMLATH S.,
          AGED 46 YEARS,
          WIFE OF ABDUL SALAM, HIGHER SECONDARY SCHOOL TEACHER
          (ZOOLOGY), M S M HIGHER SECONDARY SCHOOL, KAYAMKULAM,
          ALAPPUZHA DISTRICT - 690 502.

          BY ADVS.
          V.A.MUHAMMED
          M.SAJJAD



RESPONDENT/S:



    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,
          (HIGHER SECONDARY WING), HOUSING BOARD BUILDINGS,
          SANTHI NAGAR, THIRUVANANTHAPURAM - 695 001.

    3     THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
          EDUCATION,
          THAMBAYATHIL BUILDINGS, CHENGANNUR, ALAPPUZHA
          DISTRICT - 689 121.
 WP(C) NO. 22366 OF 2021           2

    4     THE PRINCIPAL,
          M S M HIGHER SECONDARY SCHOOL, KAYAMKULAM, ALAPPUZHA
          DISTRICT - 690 502.




          SMT NISHA BOSE, SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22366 OF 2021                    3

                                 JUDGMENT

The petitioner states that she has been denied grade benefits by

branding that her appointment from 13.12.2004 to 29.11.2007 was against a

leave vacancy. The order passed by the 3rd respondent on these lines was

taken up in appeal before the 2nd respondent. However, the same was

rejected by Ext.P10. Being aggrieved, the petitioner is stated to have preferred

Ext.P11 revision petition before the Government under Rule 92 of Chapter XIVA

of the KER. The prayer in this writ petition is for quashing Exts.P8(a), P9 and

P10 and for a further direction to the 1st respondent to consider and pass

orders on Ext.P11, with due notice.

2. When this writ petition 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 limited request of the petitioner is for a

direction to the 1st respondent to consider and pass orders on Exhibit-P11 in an

expeditious manner.

3. 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 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-P11 revision petition, as

per procedure and in strict adherence to the provisions of law.

An opportunity of being heard, either physically or virtually, shall

be afforded to the petitioner or the authorised representative of

the petitioner, as well as the 4th 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) 22366/2021

PETITIONER (S) EXHIBITS:

Exhibit P1 TRUE COPY OF THE ORDER NO.ACD.C3/18114/ HSE/01 DATED 12/08/2005 OF THE 2ND DIRECTOR.

Exhibit P2 TRUE COPY OF THE RELIEVING ORDER OF SRI.B.GIRISH KUMAR DATED 30/11/2007.

Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01/12/2007.

Exhibit P4 TRUE COPY OF THE ORDER NO.TRO/7/2836/'07/HSE DATED 25/04/2007 OF THE RDD HSE ALONG WITH TYPED COPY.

Exhibit P5 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 30/11/2007.

Exhibit P6 TRUE COPY OF THE ORDER NO.TRO/7/2836/07/HSE DATED 26/06/2009 OF THE RDD HSE.

Exhibit P7 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY DATED 02/03/2013.

Exhibit P8 TRUE COPY OF THE FIXATION STATEMENT OF THE PETITIONER DATED 01/01/2020.

Exhibit P8(a) TRUE COPY OF THE ENDT. B/03/20/RDD/CNGR DATED 09/02/2021 OF THE 3RD RESPONDENT.

Exhibit P9 TRUE COPY OF THE LETTER NO.1826/C3/ 2021/RDD/CNGR DATED 17/08/2021 OF THE 3RD RESPONDENT.

Exhibit P10 TRUE COPY OF THE LETTER NO.ACD.A3/201676/ 2021/HSE DATED 26/07/2021 OF THE DIRECTOR.

Exhibit P11 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 28/09/2021

(WITHOUT EXHIBITS).

Exhibit P12 TRUE COPY OF THE LETTER NO.G.EDN.

B1/133/2019/G.EDN. DATED 12/04/2019 OF THE GOVERNMENT.