Betty Thomas vs State Of Kerala
2021 Latest Caselaw 18394 Ker

WP(C) NO. 15474 OF 2021         1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
                    WP(C) NO. 15474 OF 2021
PETITIONER:

           BETTY THOMAS
           AGED 46 YEARS
           W/O JIJO KURIAN,
           KANJIRAKKATTU HOUSE, KUMARAPURAM P.O,
           ERNAKULAM-683565,
           WORKING AS HSST (JR.-MALAYALAM) ST JOSEPH'S HIGHER
           SECONDARY SCHOOL KIZAKKAMBLAM, ERNAKULAM-683562.

           BY ADVS.
           J.JULIAN XAVIER
           ASHA TREESA JOSE



RESPONDENTS:


    1      STATE OF KERALA
           REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION
           DEPARTMENT, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM, PIN-695001.

    2      DIRECTOR OF GENERAL EDUCATION
           OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
           HOUSING BOARD BUILDING, SANTHI NAGAR, GOVERNMENT
           PRESS P O, THIRUVANANTHAPURAM, PIN-695001.

    3      REGIONAL DEPUTY DIRECTOR
           OFFICE OF THE REGIONAL DEPUTY DIRECTOR, HIGHER
           SECONDARY EDUCATIION,
           ERNAKULAM-682014.

    4      THE MANAGER
           ST.JOSEPH'S HIGHER SECONDARY SCHOOL,
           KIZAKKAMBALAM, ERNAKULAM-683562.

           SMT NISHA BOSE SR GOVERNMENT PLEADER
 WP(C) NO. 15474 OF 2021           2

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   07.09.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 15474 OF 2021                   3

                                    JUDGMENT

This writ petition is filed seeking the following reliefs:-

i) to issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to upgrade HSST (Jr) (Malayalam) as HSST (Malayalam) in the 4th respondent school taking into account the work load of Malayalam from 2015-2016 to 2020-2021 as pointed out in Ext.P5.

ii) Declare that non sanctioning of HSST (Malayalam) under the 4th respondent school from 2015-2016 onwards in the light of the work load is discriminatory, arbitrary and is in violation of Article 14, 16(1) of the Constitution of India as well as violative of the statutory scheme of the Chapter XXXII of KER.

(iii) Alternatively direct the 3rd respondent to forward Ext.P5 to the 2nd respondent and further direct the 2nd respondent to consider and pass orders on Ext.P5 within a time frame fixed by this Hon'ble Court.

2. Sri. Julian Xavier J, the learned counsel appearing for the

petitioner, submits that the petitioner has preferred Ext.P7 representation

before the 2nd respondent and his limited request is for expeditious

consideration of the said request with due notice.

3. 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

by issuing the following directions:

a) Without expressing any opinion on the merits of the

assertions made in Ext.P7 representation there will be a

direction to the 2nd respondent to take up, consider and

pass appropriate orders on Ext.P7, as per procedure and in

strict 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 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.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE sru

APPENDIX OF WP(C) 15474/2021

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE ORDER NO.A4/1550/HSD/RDD/EKM/2018 DATED 31.10.2018.

Exhibit P2 TRUE COPY OF THE STAFF FIXATION ORDER NO.A1/11924/RDD/HSE/EKM/2017 DATED 06.12.2017.

Exhibit P3 TRUE COPY OF THE STAFF FIXATION ORDER NO.A4/1129/RDD/HSE/EKM/2020 DATED 06.02.2020 ISSUED BY THE 3RD RESPONDENT FOR THE ACADEMIC YEAR 2019-2020.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 20.12.2019 FILED BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE MANAGER ST.JOSEPH'S HSS KIZHAKKAMBALAM BEFORE THE 3RD RESPONDENT.

Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF THE G.O (MS) NO.14/2019/GED DATED 06.02.2019 ISSUED BY THE 1ST RESPONDENT.

Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 03.08.2021 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P8 TRUE COPY OF THE POSTAL RECEIPT DATED 05.08.2021.

RESPONDENTS' EXHIBITS:

NIL