Citation : 2022 Latest Caselaw 11626 Ker
Judgement Date : 20 December, 2022
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. 41550 OF 2022
PETITIONER:
GEETHA O., AGED 50 YEARS, WIFE OF PRAVEEN P M,
HIGH SCHOOL TEACHER (HINDI) KUNNAMANGALAM HIGHER
SECONDARY SCHOOL, KUNNAMANGALAM, KOZHIKODE-673 571.
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 DEPUTY DIRECTOR OF EDUCATION,
CIVIL STATION, KOZHIKODE-673 001.
4 THE DISTRICT EDUCATIONAL OFFICER,
THAMARASSERY-673 573, KOZHIKODE DISTRICT.
5 THE MANAGER, KUNNAMANGALAM HIGHER SECONDARY
SCHOOL, KUNNAMANGALAM, KOZHIKODE-673 571.
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 41550/22
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.P10 Statutory Revision - filed under the provisions of Chapter
XIV A Rule 92 of the Kerala Education Rules, 1959 - and to dispose
it of, adverting to Exts.P3 and P4 judgments of 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.P10 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.P10 Revision of the WPC 41550/22
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 41550/22
APPENDIX OF WP(C) 41550/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 02.06.2004 AND THE APPROVAL RECORDED THEREON.
Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 14.07.2008 .
Exhibit P3 TRUE COPY OF THE JUDGMENT IN WA. NO.
2290/2015 DATED 25.07.2017 .
Exhibit P4 TRUE COPY OF THE JUDGMENT IN W.A. NO.
2091/2018 DATED. 28.06.2019.
Exhibit P5 TRUE COPY OF THE JUDGMENT IN W.P. (C) NO.
34035/2019 DATED 12.12.2019.
Exhibit P6 TRUE COPY OF THE LETTER NO. B2/2041/ 2019(17) DATED 24.8.2022 OF THE 4TH RESPONDENT ALONG WITH TYPED COPY .
Exhibit P7 TRUE COPY OF THE JUDGMENT IN W.P. (C) NO.
8635/2012 DATED 14.10.2019.
Exhibit P8 TRUE COPY OF THE G.O. (RT.) NO.
45/2020/G.EDN. DATED 03.01.2020 .
Exhibit P9 TRUE COPY OF THE G.O. (RT.) NO.
502/2020/GEDN DATED 25.01.2020 .
Exhibit P10 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 09.11.2022 (WITHOUT EXHIBITS)
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