Sethu B Pillai vs The State Of Kerala
2022 Latest Caselaw 11625 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  TUESDAY, THE 20TH DAY OF DECEMBER 2022 / 29TH AGRAHAYANA, 1944
                       WP(C) NO. 41555 OF 2022


PETITIONER:

          SETHU B PILLAI, AGED 43 YEARS
          D/O. T.V. BALAKRISHNA PILLAI,
          HIGH SCHOOL TEACHER (HST) HINDI,
          ST. MARY'S HIGH SCHOOL, NIRANAM,
          PATHANAMTHITTA DISTRICT-689 621.

          BY ADVS.
          V.A.MUHAMMED
          M.SAJJAD


RESPONDENTS:

    1     THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL
          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,
          PATHANAMTHITTA @ THIRUVALLA-689 101.

    4     THE DISTRICT EDUCATIONAL OFFICER,
          THIRUVALLA, PATHANAMTHITTA DISTRICT-689 101.

    5     THE MANAGER, ST. MARY'S HIGH SCHOOL,
          NIRANAM, PATHANAMTHITTA DISTRICT-689 621.


          SMT.NISHA BOSE -SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 41555/22
                                    2




                            JUDGMENT

Among the various allegations, averments and assertions made

and urged in this Writ Petition, all which the petitioner requires is

a direction to the competent Authority of the 1st respondent to take

up Ext.P9 Statutory Revision, filed under the provisions of Chapter

XIV A Rule 92 of the Kerala Education Rules, 1959, and dispose it

of within a time frame to be fixed by this Court.

2. In response, Smt.Nisha Bose - learned Senior Government

Pleader appearing on behalf of the official respondents, submitted

that if the petitioner only requires Ext.P9 Revision to be taken up

and disposed of in terms of law, there does not appear to be any

legal impediment in doing so; but prayed that this Court may not

make any affirmative declarations on the entitlement of the

petitioner to any relief and leave it to the competent Authority to

take a final decision as per law.

Resultantly, I order this Writ Petition and direct the competent

Authority of the 1st respondent to take up Ext.P9 Revision of the WPC 41555/22

petitioner and dispose it of, after affording her an opportunity of

being heard; thus culminating in an appropriate order and necessary

action thereon as expeditiously as is possible, but not later than

four months from the date of receipt of a copy of this judgment.

Sd/-

RR                                     DEVAN RAMACHANDRAN
                                              JUDGE
 WPC 41555/22


                APPENDIX OF WP(C) 41555/2022

PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF THE APPOINTMENT ORDER OF THE
                    PETITIONER DATED 27.11.2013 AND THE
                    APPROVAL RECORDED THEREON.
Exhibit P2          TRUE COPY OF THE G.O. (RT.) NO.

5574/2021/G.EDN. DATED 01.12.2021.

Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2022.

Exhibit P4 TRUE COPY OF THE KTET ELIGIBILITY CERTIFICATE OF THE PETITIONER Exhibit P5 TRUE COPY OF THE ORDER NO. B5/37454/2022 DATED 11.11.2022 OF THE DEO, THIRUVALLA. Exhibit P6 TRUE COPY OF THE G.O. (P) NO.

70/12/G.EDN. DATED 01.03.2012.

Exhibit P7 TRUE COPY OF THE G.O. (P) NO.

244/12/G.EDN. DATED 25.07.2012.

Exhibit P8 TRUE COPY OF THE CIRCULAR NO.

1866829/J3/17/G.EDN. DATED 09.03.2018. Exhibit P9 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 17.11.2022.