Manju Sathyan vs State Of Kerala
2022 Latest Caselaw 12053 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

   THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                     WP(C) NO. 42093 OF 2022
PETITIONER/S:

          MANJU SATHYAN
          AGED 46 YEARS
          D/O P.R SATHYANANADAN, NON-VOCATIONAL TEACHER IN
          GENERAL FOUNDATION COURSE, V.H.S.S, KANICHUKULANGARA,
          CHERTHALA, RESIDING AT 'POONATH', ARTHUNKAL P.O,
          CHERTHALA, ALAPPUZHA - 688 530.

          BY ADVS.
          S.MUHAMMED HANEEFF
          M.H.ASIF ALI
          SWETHAMBILY C.
          RAJANA JOSE

RESPONDENT/S:

    1     STATE OF KERALA
          REP. BY ITS SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695 001.

    2     DIRECTOR OF GENERAL EDUCATION,
          VOCATIONAL HIGHER SECONDARY EDUCATION WING,
          HOUSING BOARD BUILDING, SANTHI NAGAR,
          THIRUVANANTHAPURAM-695 001.

    3     ASSISTANT DIRECTOR,
          VOCATIONAL HIGHER SECONDARY EDUCATION, REGIONAL OFFICE,
          CHENGANNUR, ALAPPUZHA - 689 121.

    4     THE MANAGER,
          VHSS KANICHUKULANGARA, CHERTHALA, ALAPPUZHA - 688 582.
 W.P. (C) No.42093 of 2022           2




       5        HARIKUMAR K.C,
                VOCATIONAL TEACHER IN RECEPTION BOOK KEEPING AND
                COMMUNICATION, VHSS KANICHUKULANGARA, CHERTHALA,
                ALAPPUZHA - 688 582.

       6        RAJANI RAVEENDRAN,
                VOCATIONAL TEACHER IN MEDICAL LABORATORY TECHNOLOGY,
                VHSS KANICHUKULANGARA, CHERTHALA, ALAPPUZHA - 688 582.

       7        G. ASHA,
                NON-VOCATIONAL TEACHER IN CHEMISTRY,
                VHSS KANICHUKULANGARA, CHERTHALA, ALAPPUZHA -688 582.

       8        SANDHYA G. RAVEENDRAN,
                NON-VOCATIONAL TEACHER IN PHYSICS,
                VHSS KANICHUKULANGARA, CHERTHALA, ALAPPUZHA -688 582.

       9        SIMI SUDARSAN C,
                NON-VOCATIONAL TEACHER IN BIOLOGY, VHSS
                KANICHUKULANGARA, CHERTHALA, ALAPPUZHA - 688 582.

      10        SURAAG S. SEKHAR,
                VHSS KANICHUKULANGARA, CHERTHALA, ALAPPUZHA - 688 582.



                SMT.NISHA BOSE, SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P. (C) No.42093 of 2022                 3




                                    JUDGMENT

This writ petition is filed seeking issuance of directions to the 4th

respondent re-cast Ext.P2 seniority list by placing the petitioner as Sl. No.2

below Sri.Baburaj R and above the 5th respondent within a time frame.

2. Sri.S.Muhammed Haneef, the learned counsel appearing for the

petitioner submits that challenging Ext.P7 order issued by the 3rd respondent,

the petitioner has preferred Ext.P10 representation before the 2nd respondent

and requests that direction be issued to the 2nd respondent to consider the

same in an expeditious manner.

3. Heard Smt. Nisha Bose, the learned senior Government Pleader.

4. In view of the limited nature of the relief sought, no prejudice

would be caused to respondents 4 to 10 if notice 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 2nd respondent to take

up, consider and pass appropriate orders on Ext.P10,

after affording an opportunity of being heard, either

physically or virtually, to the petitioner herein or her

authorized representative and respondents 4 to 10.

b) Orders, as directed above, shall be passed

expeditiously, in any event, within two 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) 42093/2022

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE PROCEEDING OF THE 2ND RESPONDENT BEARING NO. E3/3131/09 DT. 27.12.2011.

Exhibit P2 A TRUE COPY OF THE SENIORITY LIST ISSUED BY THE 4TH RESPONDENT DT. NIL.

Exhibit P3 A TRUE COPY OF THE G. O(RT) NO. 2495/04/G.EDN DT. 17.06.2004.

Exhibit P4 A TRUE COPY OF THE PROCEEDINGS BEARING NO.

E5/4979/2021 DT. 09.02.2022 ISSUED BY THE 2ND RESPONDENT.

Exhibit P5 A TRUE COPY OF THE APPEAL DT. 09.06.2022 PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P6 A TRUE COPY OF THE JUDGMENT DT. 15.06.2022 IN WP(C) NO. 19417 OF 2022 ON THE FILES OF THIS HON'BLE COURT.

Exhibit P7 A TRUE COPY OF THE ORDER DT. 06.10.2022 ISSUED BY THE 3RD RESPONDENT.

Exhibit P8 A TRUE COPY OF THE JUDGMENT DT. 11.04.2017 IN W.P.[C] NO. 19500/2012 AND CONNECTED CASES ON THE FILES OF THIS HON'BLE COURT.

Exhibit P9 A TRUE COPY OF THE ORDER BEARING NO.

E5/2815/2022 DT. 29.09.2022 ISSUED BY THE 2ND RESPONDENT.

Exhibit P10 A TRUE COPY OF THE APPEAL DT. 04.11.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

RESPONDENTS EXHIBITS : NIL