Roshini P.T vs The State Of Kerala
2022 Latest Caselaw 865 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

   FRIDAY, THE 21ST DAY OF JANUARY 2022 / 1ST MAGHA, 1943

                    WP(C) NO. 2186 OF 2022

PETITIONER:

          ROSHINI P.T.
          AGED 44 YEARS,WIFE OF SHYJURAJ K.P.,
          UPPER PRIMARY SCHOOL ASSISTANT,
          AIDED MAPPILA UPPER PRIMARY SCHOOL,
          KAYAKKODI, VADAKARA,
          KOZHIKODE DISTRICT - 673 101
          (RESIDING AT KULAMULLA PARAMBATH,
          P.O.AKKAL, KAVILUMPARA,
          KOZHIKODE DISTRICT - 673 513).
          BY ADVS.
          SRI.V.A.MUHAMMED
          SRI.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 DISTRICT EDUCATIONAL OFFICER
          VADAKARA,
          KOZHIKODE DISTRICT - 673 101.
    3     THE ASSISTANT EDUCATIONAL OFFICER
          KUNNUMMAL, P.O.MOKERI,
          KOZHIKODE DISTRICT - 673 516.
    4     THE MANAGER
          AIDED MAPPILA UPPER PRIMARY SCHOOL,
          KAYAKKODI, VADAKARA,
          KOZHIKODE DISTRICT - 673 101.
    5     THE HEADMASTER
          AIDED MAPPILA UPPER PRIMARY SCHOOL,
 W.P.(C) No.2186/22                 -:2:-


              KAYAKKODI, VADAKARA,
              KOZHIKODE DISTRICT - 673 101.


              SMT.NISHA BOSE,SR.GOVT. PLEADER



       THIS     WRIT   PETITION    (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   21.01.2022,   THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.2186/22                -:3:-




                    BECHU KURIAN THOMAS, J.
                    --------------------------------
                      W.P.(C) No.2186 of 2022
                    ---------------------------------
                Dated this the 21st day of January, 2022

                              JUDGMENT

Petitioner claims to have been appointed as UPST from

16.07.2021 onwards against a promotion vacancy. As the

statutory authority declined to grant approval for her

appointment, the Manager of the School preferred an appeal

before the Appellate Authority and the same is pending

consideration.

2. Since petitioner is aggrieved by the non-grant of

approval, she has preferred a revision petition under rule 65 of

Chapter XIV-C of the Kerala Education Rules, 1959. Ext.P6 is the

revision petition pending consideration before the first

respondent.

3. Having regard to the circumstances pointed by

Sri.V.A.Muhammed, learned counsel for the petitioner and after

hearing Smt.Nisha Bose, the learned Senior Government Pleader,

I am of the view that this writ petition can be disposed of

directing Ext.P6 revision petition to be considered in a time

bound manner.

Accordingly, this writ petition is disposed of directing the

first respondent to consider and pass appropriate orders on

Ext.P6 revision petition as expeditiously as possible, at any rate,

within a period of three months from the date of receipt of a

copy of this judgment, after granting an opportunity of hearing

to the petitioner as well as other stake holders.

Sd/-

BECHU KURIAN THOMAS JUDGE vps

APPENDIX OF WP(C) 2186/2022

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 16/07/2021. EXHIBIT P2 TRUE COPY OF THE G.O.(P) NO.3/2019/G.EDN. DATED 28/02/2019 OF THE GOVERNMENT.

EXHIBIT P3 TRUE COPY OF THE CIRCULAR NO.J2/57/2019/G.EDN. DATED 08/03/2019 OF THE GOVERNMENT.

EXHIBIT P4 TRUE COPY OF THE ORDER NO.B/14973 DATED 13/09/2021 OF THE AEO, CHOMBALA. EXHIBIT P5 TRUE COPY OF THE APPEAL APPLICATION FILED BEFORE THE DEO, VADAKARA BY THE MANAGER.

EXHIBIT P6 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT BY THE PETITIONER DATED 17/12/2021.

EXHIBIT P7 TRUE COPY OF THE DECISION REPORTED IN 2017(3) KHC 429 DECIDED ON 19/06/2017. EXHIBIT P8 TRUE COPY OF THE STAFF LIST AS ON 15/07/2021 PREPARED BY THE HEADMASTER OF THE SCHOOL.