Asha S.S vs State Of Kerala
2021 Latest Caselaw 21177 Ker

Citation : 2021 Latest Caselaw 21177 Ker
Judgement Date : 20 October, 2021

Kerala High Court

Asha S.S vs State Of Kerala on 20 October, 2021

WP(C) NO. 22232 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. 22232 OF 2021
PETITIONER/S:

          ASHA S.S
          AGED 33 YEARS
          W/O.SAJAN JOSEPH, SHEELA COTTAGE, ELLUVILA P.O.,
          KARAKONAM, NOW RESIDING AT J M NIVAS, HOSPITAL
          JUNCTION, NEYYATTINKARA, NEYYATTINKARA P.O.,
          THIRUVANANTHAPURAM, PIN - 695 121.

          BY ADVS.
          JIBU P THOMAS
          S.V.PREMAKUMARAN NAIR



RESPONDENT/S:

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

    2     THE DIRECTOR OF GENERAL EDUCATION
          DIRECTORATE OF GENERAL EDUCATION, DPI JUNCTION,
          JAGATHY P.O., THIRUVANANTHAPURAM, PIN - 695 014.

    3     ASSISTANT EDUCATIONAL OFFICER
          ASSISTANT EDUCATIONAL OFFICE, PARASSALA, PARASSALA
          P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695 502.

    4     DISTRICT EDUCATIONAL OFFICER
          DISTRICT EDUCATIONAL OFFICE, NEYYATTINKARA,
          NEYATTINKARA P.O., THIRUVANANTHAPURAM, PIN - 695 121.

    5     THE CORPORATE MANAGER
          LMS SCHOOLS, LMS COMPOUND, PALAYAM,
          THIRUVANANTHAPURAM, PIN - 695 033.
 WP(C) NO. 22232 OF 2021      2



          SMT NISHA BOSE SR GOVERNMENT PLEADER




     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. 22232 OF 2021                     3



                                          JUDGMENT

Instant writ petition is filed seeking the following reliefs:

"i. To call for the records leading to the original of Exhibit P3 and set aside the same by issue a writ of certiorari or other appropriate writ, order or direction;

ii. To issue a writ of mandamus or other appropriate writ, order or direction commanding the 3rd respondent to issue orders by approving the appointment of the petitioner as in Head Teacher in L.M.S.L.P.S, Panachamoodu with effect from 23.10.2019 and to grant her all consequential benefits;

iii. To issue a writ of mandamus or such other appropriate writ, order or direction commanding the 5th respondent to take a decision on Exhibit P4 within a timeframe fixed by this Hon'ble Court.

2. Sri. Jibu P. Thomas, the learned counsel appearing for the

petitioner submitted that the limited request of the petitioner is for a direction

to the 5th respondent to consider and pass orders on Ext.P4 representation

within a timeframe with due notice.

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

Pleader.

4. In view of the limited nature of the relief sought, 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 in the

admission stage itself by issuing the following directions:

a) Without expressing any opinion on the merits of the assertions made

in the representation there will be a direction to the 5th respondent

to take up, consider and pass appropriate orders on Ext.P4, after

affording an opportunity of being heard, either physically or

virtually, to the petitioner herein or her authorised representative.

b) Orders, as directed above, shall be passed expeditiously, in any

event, within a period of two 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.