Citation : 2022 Latest Caselaw 12431 Ker
Judgement Date : 23 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
WP(C) NO. 42492 OF 2022
PETITIONER/S:
ANS MATHEW
AGED 33 YEARS
W/O MATHEW JOSEPH,
HST (MATHEMATICS), LF HIGH SCHOOL,
VADAKARA, KOOTHATHUKULAM, ERNAKULAM DISTRICT- 686 679
(RESIDING AT PANACKAL, KATTAMPACK,
NJEEZHOOR, KOTTAYAM DISTRICT- 686 612).
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE - II,
THIRUVANANTHAPURAM-695 001.
2 THE DEPUTY DIRECTOR OF EDUCATION,
PALACE ROAD, KOTTAYAM - 686001.
3 THE DISTRICT EDUCATIONAL OFFICER,
KANJIRAPPALLY, KOTTAYAM DISTRICT -686506.
4 THE ASSISTANT EDUCATIONAL OFFICER,
KURAVILANGAD, KOTTAYAM DISTRICT-686633.
5 THE MANAGER
CORPORATE EDUCATIONAL AGENCY, DIOCESE OF PALAI,
SHALOM PASTROL CENTER, KOTTAYAM-686575.
6 THE HEADMASTER,
LF HIGH SCHOOL, CHEMMALAMATTAM,
KANJIRAPPALLY, KOTTAYAM DISTRICT.
WP(C) NO. 42492 OF 2022
2
7 THE HEADMASTER,
ST. AGNES LPS, MUTTUCHIRA,
KURAVILANGAD, KOTTAYAM.
SMT NISHA BOSE SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 42492 OF 2022
3
JUDGMENT
This writ petition is filed seeking issuance of directions to the
respondents to approve the appointments covered by Exhibits P1 and P2
adverting to the declaration given by the 5th respondent and for ancillary
reliefs.
2. When this matter was taken up for consideration, Sri. M. Sajjad,
the learned counsel appearing for the petitioner, requests that the 1st
respondent be directed to consider Exhibit P8 in the light of Exhibit P7 and
expeditiously take a decision.
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 5 to 7 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 1st respondent to take
up, consider and pass appropriate orders on Ext.P8
adverting to Exhibit P7, after affording an opportunity WP(C) NO. 42492 OF 2022
of being heard, either physically or virtually, to the
petitioner herein or her authorized representative and
respondents 5 to 7.
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
avs WP(C) NO. 42492 OF 2022
APPENDIX OF WP(C) 42492/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE MEMO VIDE APPOINTMENT ORDER OF THE PETITIONER NO. B/29/2016 DATED 01.06.2016.
Exhibit P2 TRUE COPY OF THE MEMO VIDE APPOINTMENT ORDER OF THE PETITIONER NO. A/74/2018 DATED 01.06.2018.
Exhibit P3 TRUE COPY OF THE MEMO VIDE APPOINTMENT ORDER OF THE PETITIONER NO. A/59/2019 DATED 06.06.2019.
Exhibit P4 TRUE COPY OF THE ORDER NO. C/5509/2019 DATED 31.12.2019 OF THE AEO, RAMAPURAM.
Exhibit P5 TRUE COPY OF THE PROCEEDINGS OF THE MANAGER VIDE ORDER NO. A/166/2021 DATED 13.07.2021.
Exhibit P6 TRUE COPY OF THE ORDER NO. B3/25755/2021 DATED 26.10.2022.
Exhibit P7 TRUE COPY OF THE G.O(P) NO. 4/2021/G.EDN. DATED 06.02.2021.
Exhibit P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 30.11.2022.
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