S. Indiradevi vs State Of Kerala
2022 Latest Caselaw 9304 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

      WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                        WP(C) NO. 23786 OF 2022
PETITIONER/S:

           S. INDIRADEVI
           COORDINATOR BLOCK RESOURCE CENTRE, KARUNAGAPPALLY,
           FORMERLY LG HINDI (FULL TIME) TEACHER,
           SKUVUPS, NORTH MYNAGAPPALLY P.O., KOLLAM DISTRICT.
           PIN - 690519.

           BY ADVS.
           P.M.PAREETH
           AISWARYA VENUGOPAL
           NAJEEB P.S

RESPONDENT/S:

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

     2     DIRECTOR OF GENERAL EDUCATION
           JAGATHY, THIRUVANANTHAPURAM, PIN - 695014.

     3     DISTRICT EDUCATIONAL OFFICER, KOLLAM
           KOLLAM DISTRICT., PIN - 691001.

     4     ASSISTANT EDUCATIONAL OFFICER, CHAVARA,
           KOLLAM DISTRICT., PIN - 691583.

     5     MANAGER, SKUVUPS
           NORTH MYNAGAPPALLY P.O., KOLLAM DISTRICT,
           PIN - 690519.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION        ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23786 OF 2022               2



                                      JUDGMENT

This writ petition is filed seeking to quash Exts.P2 and P7 orders to

the extent sanction was granted only to commence 10 divisions instead of

11 for the period from 2007-08 to 2009-10. The petitioner is also aggrieved

by the denial of approval of the appointment of the petitioner as a 51A

claimant during 2010-11.

2. The learned counsel appearing for the petitioner submits that

challenging the orders issued by the authorities, the petitioner has preferred

Ext.P8 revision petition before the 1st respondent. It is submitted that the

solitary prayer at this stage is for the issuance of directions to the 1st

respondent to consider Ext.P8 and take a decision

3. I have heard Sri.P.M.Pareeth, the learned counsel appearing for

the petitioner and Smt.Nisha Bose, the learned Senior Government Pleader.

4. In view of the nature of the order I propose to pass, 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 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.P8, after

affording an opportunity of being heard, either physically or

virtually, to the petitioner herein or her authorized

representative and the 5th respondent.

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

in any event, within four 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) 23786/2022

PETITIONERS EXHIBITS

Exhibit P1 A TRUE PHOTOCOPY OF THE APPOINTMENT ORDER DATED 02-07-2001 ISSUED BY THE FIFTH RESPONDENT WITH ENDORSEMENT OF APPROVAL BY THE FOURTH RESPONDENT W.E.F. 02-07-2001.

Exhibit P1(a) A TRUE PHOTOCOPY OF THE GO(RT) NO. 4838/09/GEDN DATED 20-11-2009 ISSUED BY THE FIRST RESPONDENT.

Exhibit P2 A TRUE PHOTOCOPY OF THE ORDER NO.

C/3732/2010/DDIS DATED 29-08-2010 ISSUED BY THE FOURTH RESPONDENT.

Exhibit P2(a) A TRUE PHOTOCOPY OF THE SAID CIRCULAR NO.

SC(2)43419/2010/DPI DATED 21-06-2010 ISSUED BY THE SECOND RESPONDENT.

Exhibit P2(b) A TRUE PHOTOCOPY OF THE ORDER NO. 40/2011 DATED 10-03-2011 ISSUED BY THE MANAGER.

Exhibit P2(c) A TRUE PHOTOCOPY OF THE ORDER NO. C/1177/2011 DATED 28-03-2011 ISSUED BY THE FOURTH RESPONDENT.

Exhibit P2(d) A TRUE PHOTOCOPY OF THE REVISION PETITION DATED 02-04-2011 SUBMITTED BY THE FIFTH RESPONDENT BEFORE THE FIRST RESPONDENT.

Exhibit P2(e) A TRUE PHOTOCOPY OF THE LETTER NO.SC(1)/34253/ 2010/DPI/KDIS DATED 11-10-2010 FROM THE SUPER CHECK CELL.

Exhibit P3 A TRUE PHOTOCOPY OF THE ORDER NO. C/4281/2011 DATED 20-12-2011 ISSUED BY THE FOURTH RESPONDENT.

Exhibit P4 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 26-11-2021 IN W.P.(C) NO. 20989/2010.

Exhibit P5 A TRUE PHOTOCOPY OF THE REVISION PETITION DATED 26-11-2021 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.

Exhibit P6 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 04-12-2021 IN W.P.(C) NO. 27689/2021.

Exhibit P7 A TRUE PHOTOCOPY OF THE ORDER NO.

RA(4)/6534/2022/DGE DATED 18-06-2022 ISSUED BY THE SECOND RESPONDENT.

Exhibit P8 A TRUE PHOTOCOPY OF THE REVISION PETITION DATED 04-07-2022 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

RESPONDENTS EXHIBITS : NIL