Remya K.R vs The State Of Kerala
2022 Latest Caselaw 9555 Ker

WP(C) NO. 27507 OF 2022          1



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                       WP(C) NO. 27507 OF 2022


PETITIONER :

          REMYA K.R, AGED 37 YEARS,
          WIFE OF BINUKUMAR M.S., HIGH SCHOOL TEACHER
          (NATURAL SCIENCE) HIGH SCHOOL,
          RANNI - PERUNAD - 689 711,
          PATHANAMTHITTA DISTRICT
          (RESIDING AT KRISHNA KRIP
          A, P.O.KOONAMKARA, PERUNAD,
          PATHANAMTHITTA DISTRICT -689 711).

          BY ADVS.V.A.MUHAMMED
          M.SAJJAD.


RESPONDENTS :

    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 DISTRICT EDUCATION OFFICER,
          CIVIL STATION, PATHANAMTHITTA - 680 545.

    4     THE MANAGER, HIGH SCHOOL, RANNI - PERUNAD - 689 711,
          PATHANAMTHITTA DISTRICT.
 WP(C) NO. 27507 OF 2022       2




    5     THE HEADMASTER, HIGH SCHOOL,
          RANNI-PERUNAD - 689 711,
          PATHANAMTHITTA DISTRICT.

          R1 TO R3 BY SMT.NISHA BOSE, SR.GOVERNEMENT PLEADER.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27507 OF 2022               3




                                 JUDGMENT

The petitioner states that she was appointed as Full Time Contingent

Menial in the Ranni-Perunad High School with effect from 26.10.2006 against a

promotion vacancy. She contends that she was granted promotion invoking

Rule 43 Chapter XIV A KER as HST (Natural Science) from 11.08.2021.

However, approval was declined on the ground that the petitioner is not entitled

for exemption from K-TET III as she was out of service from 15.07.2009 to

31.05.2015. The petitioner contends that the said order cannot be sustained

under law. Challenging the said order, the petitioner is stated to have preferred

Ext.P6 revision petition before the 1st respondent which is pending.

2. When this matter was taken up for consideration, Sri. M.Sajjad, the

learned counsel appearing for the petitioner, submitted that the petitioner

would be satisfied if directions are issued to the 1st respondent to consider

Ext.P6 within a time frame with due notice.

3. Heard Smt. Nisha Bose, the learned Senior Government Pleader. In

view of the order that I propose to pass, notice to respondents 4 and 5 is

dispensed with.

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 Ext.P6

after affording an opportunity of being heard, either

physically or virtually, to the petitioner herein or her

authorized representative and respondents 4 and

5.

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 NS

APPENDIX OF WP(C) 27507/2022

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 26/10/2006 AND APPROVAL RECORDED THEREON.

Exhibit P2 TRUE COPY OF THE ORDER NO.B6/29313/2021 DATED 05/06/2022 OF THE DEO, PATHANAMTHITTA.

Exhibit P3 TRUE COPY OF THE G.O(RT.) NO.1750/2018/G.EDN.

DATED 10/05/2018 OF THE GOVERNMENT.

Exhibit P4 TRUE COPY OF THE CIRCULAR NO.1866829/J3/17/ G.EDN DATED 09/03/2018 OF THE GOVERNMENT.

Exhibit P5 TRUE COPY OF THE G.O(P) NO.244/12/G.EDN. DATED 25/07/2022 OF THE GOVERNMENT.

Exhibit P6 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 30/07/2022 BY THE PETITIONER (WITHOUT ANNEXURES)

Exhibit P7 TRUE COPY OF THE DECISION REPORTED IN 1987 KHC 145 (RAVINDRA BABU V. STATE OF KERALA) DECIDED ON 17/02/1987.

RESPONDENT'S EXHIBITS : NIL