Kerala High Court
Jisha Raj S.T vs State Of Kerala Represented By The ... on 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. 35852 OF 2022
PETITIONER/S:
JISHA RAJ S.T
AGED 33 YEARS
W/O. (LATE) SHIMJITH R.S., R.S.NIVAS,
PLAVUNATTAVILA, VENNIYOOR, NELLIVILA P.O.,
THIRUVANANTHAPURAM - 695 523.
BY ADV P.M.BENZIR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, 3RD FLOOR,
GOVERNMENT SECRETARIAT ANNEX II,
THIRUVANANTHAPURAM,
PIN - 695 001.
2 THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM, 2ND FLOOR,
CIVIL STATION BUILDING, MANNANTHALA ROAD,
KUDAPPANAKKUNNU P.O., THIRUVANANTHAPURAM.
PIN - 695 043.
3 THE DISTRICT EDUCATIONAL OFFICER
NEYYATTINKARA, ALUMMOODU, NEYYATTINKARA P.O.,
THIRUVANANTHAPURAM, PIN- 695 121.
4 THE MANAGER,
MUTHARAMMAN COVIL HIGHER SECONDARY SCHOOL
WP(C) NO. 35852 OF 2022 2
KOTTUKALKONAM, KATTACHALKUZHY P. O.,
THIRUVANANTHAPURAM, PIN - 695 501.
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. 35852 OF 2022 3
JUDGMENT
This writ petition is filed seeking the following reliefs:
(i) To issue a Writ of Mandamus or other appropriate Writ,
Order or direction directing the 3rd Respondent to
expedite the proceedings regarding promotions to the
post of Clerk and Office Attendant in Mutharamman Covil
Higher Secondary School, Kottukalkonam, and finalise the
same without delay and to consider the claim of the
Petitioner under Rule 9A of Chapter XXIV A of the KER to
the consequential vacancy of Full Time Menial and finalise
the same within a time frame fixed by this Hon'ble Court.
2. When the matter was taken up for consideration on 17.11.2022, it
was submitted by the learned Government Pleader that the District Collector,
Thiruvananthapuram is acting as the Receiver of the school and the DEO,
Neyyattinkara is acting as the Ex-officio manager.
3. The learned Government Pleader was directed to get instructions
as to whether there is any impediment in the Ex-officio Manager effecting
appointment under Rule 9A of Chapter XXIV of the KER.
4. Sri. P.M. Benzir, the learned counsel appearing for the petitioner,
has placed on record Ext.P4 order by which the DEO, in his capacity as
manager of the school, has made appointments and also to further show that
those appointments stand approved.
5. In that view of the matter, I am of the view that this writ petition
can be disposed of by issuing the necessary directions:
a) There will be a direction to the 3rd Respondent to
expedite the proceedings regarding promotions to the
post of Clerk and Office Attendant in Mutharamman Covil
Higher Secondary School, Kottukalkonam, and finalise
the same.
b) The DEO shall consider the claim of the petitioner under
Rule 9A of Chapter XXIV A of the KER to the
consequential vacancy of Full-Time Menial.
c) The entire exercise shall be completed within a period of
six weeks from the date of receipt of a copy of this
judgment.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
NS
APPENDIX OF WP(C) 35852/2022
PETITIONER(S) EXHIBITS :
Exhibit P1 PHOTOCOPY OF THE LEGAL HEIRSHIP CERTIFICATE
NO.G4-24964/ 18/D.DIS DATED 07.06.2018 ISSUED
BY THE TAHSILDAR, THIRUVANANTHAPURAM.
Exhibit P2 PHOTOCOPY OF THE REQUEST ALONG WITH THE
APPLICATION IN THE FORM PRESCRIBED FOR
EMPLOYMENT UNDER THE COMPASSIONATE
APPOINTMENT SCHEME SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT.
Exhibit P3 PHOTOCOPY OF THE REQUEST DATED 18.05.2022
SUBMITTED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT.
Exhibit P4 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY
THE 3RD RESPONDENT ON 27/03/2019
RESPONDENT(S) EXHIBITS : NIL
