Stary Pushpam S.K vs The State Of Kerala
2021 Latest Caselaw 21496 Ker

WP(C) NO. 23528 OF 2021       1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943


                    WP(C) NO. 23528 OF 2021


PETITIONER/S:



          STARY PUSHPAM S.K.,
          AGED 54 YEARS,
          WIFE OF SHAJI SAM, UPPER PRIMARY SCHOOL ASSISTANT,
          L M S U P SCHOOL, PARASUVAIKAL, THIRUVANANTHAPURAM-
          695 508.

          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,
          JAGATHY, THIRUVANANTHAPURAM-695 014.

    3     THE DEPUTY DIRECTOR OF EDUCATION,
          FORT, THIRUVANANTHAPURAM-695 036.

    4     THE DISTRICT EDUCATIONAL OFFICER,
          NEYYATTINKARA, THIRUVANANTHAPURAM-695 121.

    5     THE ASSISTANT EDUCATIONAL OFFICER,
          PARASSALA, THIRUVANANTHAPURAM-695 502.
 WP(C) NO. 23528 OF 2021          2



     6       THE CORPORATE MANAGER,
             L M S SCHOOLS UNDER C S I SOUTH KERALA DIOCESE,
             L M S COMPOUND, PALAYAM, THIRUVANANTHAPURAM-695 033.

     7       BINDU C.K.,
             NOW RESIDING AT MIDHUNAM, KALLUVILA, PLAMOOTTIKKADA,
             THIRUVANANTHAPURAM-695 122.




             SMT NISHA BOSE, SR GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   29.10.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 23528 OF 2021              3

                                  JUDGMENT

The petitioner states that she was appointed as UPSA in the L M S UP

School, Parasuvaikal and she has been working in the said School since 1993.

While working as UPSA, she was promoted as the Headmistress from

1.6.2018 in the L M S LP School, Palukal. The petitioner states that due to

health reasons, she requested the Manager to revert her back as UPSA and

the same was allowed. The petitioner however contends that her service from

06.06.2019 was not regularised by lien adjustment in L M S UP School,

Parasuvaikal. According to the petitioner, owing to the said reason, she is not

even receiving salary from June 2019 onwards either as the Headmaster or as

UPSA. In the said circumstances, she is stated to have preferred Exhibit-P6

revision petition before the 1st respondent.

2. Though various other reliefs are sought for in the writ petition,

when the matter came up for consideration, Sri.M.Sajjad, the learned counsel

appearing for the petitioner, submitted that since the revision petition is

pending before the 1st respondent her only request is for expeditious

consideration of Exhibit-P6 revision petition within a timeframe with due

notice.

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

Pleader.

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

to the party respondents are 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.P6 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 6 and 7.

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
DSV                                                      JUDGE


                 APPENDIX OF WP(C) 23528/2021

PETITIONER (S) EXHIBITS :

Exhibit P1          TRUE COPY OF THE ORDER NO.B/516/19/CM

DATED 4.6.2019 OF THE CORPORATE MANAGER.

Exhibit P2 TRUE COPY OF THE ORDER NO.C/1412/2019 DATED 4.9.2019 OF THE AEO, PARASSALA.

Exhibit P3 TRUE COPY OF THE ORDER NO.B1/6951/ 2019/DEO/K.DIS. DATED 27.1.2020 OF THE DEO, NEYYATTINKARA.

Exhibit P4 TRUE COPY OF THE ORDER NO.B/389/2021/CM DATED 11.2.2021 OF THE CORPORATE MANAGER.

Exhibit P5 TRUE COPY OF THE ORDER NO.B(5)/3955 / 2020/DDE DATED 9.10.2020 OF THE DDE, THIRUVANANTHAPURAM.

Exhibit P6 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 1.10.2021 (WITHOUT EXHIBITS).

RESPONDENT (S) EXHIBITS : NIL