Dhanya Venkidesh vs The State Of Kerala
2022 Latest Caselaw 8477 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

            THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

         WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944

                           WP(C) NO. 22008 OF 2022
PETITIONER/S:

     1      DHANYA VENKIDESH
            LOWER PRIMARY SCHOOL TEACHER (LPST),
            ST. FRANCIS UPPER PRIMARY SCHOOL, AMBALLOOR,
            KANJIRAMATTOM-682 315, ERNAKULAM DISTRICT.

     2      ABY JOSEPH JOHN,
            UPPER PRIMARY SCHOOL TEACHER (UPST),
            ST. FRANCIS UPPER PRIMARY SCHOOL, AMBALLOOR,
            KANJIRAMATTOM-682 315, ERNAKULAM DISTRICT.

     3      SR. JISA PAUL,
            LOWER PRIMARY SCHOOL TEACHER (LPST),
            ST. FRANCIS UPPER PRIMARY SCHOOL, AMBALLOOR,
            KANJIRAMATTOM-682 315, ERNAKULAM DISTRICT.

     4      RICA C,
            UPPER PRIMARY SCHOOL TEACHER (UPST),
            ST. FRANCIS UPPER PRIMARY SCHOOL, AMBALLOOR,
            KANJIRAMATTOM-682 315, ERNAKULAM DISTRICT.

            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 DIRECTOR OF GENERAL EDUCATION,
            JAGATHY, THIRUVANANTHAPURAM-695 014.

     3      THE DISTRICT EDUCATIONAL OFFICER,
            NEAR KANAYANNUR TALUK OFFICE, ERNAKULAM-682 016.

     4      THE ASSISTANT EDUCATIONAL OFFICER,
            GOVERNMENT HIGHER SECONDARY SCHOOL CAMPUS,
            TRIPUNITHURA, ERNAKULAM-682 301
   WP(C) NO. 22008 OF 2022          2


    5      THE MANAGER,
           ST. FRANCIS UPPER PRIMARY SCHOOL, AMBALLOOR,
           KANJIRAMATTOM-682 315, ERNAKULAM DISTRICT


           SMT.NISHA BOSE, SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION     ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22008 OF 2022                3




                                    JUDGMENT

The petitioners contend that they were appointed as LPST/UPST

against promotion/retirement vacancies. Their grievance is that their

approvals were declined by the AEO which was confirmed by the DEO.

According to the petitioners, the Manager has also tendered a declaration

in terms of G.O.(P) No.4/2021/G.Edn. dated 6.2.2021. Being aggrieved,

the petitioners have submitted independent revision petitions pending as

Exts.P4, P8, P12 and P16 before the 2nd respondent. Complaining of

delay in considering the revision petition, the petitioners are before this

Court seeking issuance of directions to the 2nd respondent to consider the

revision petitions and to take a decision.

2. I have heard Sri.M.Sajjad, the learned counsel appearing for

the petitioners and Smt.Nisha Bose, the learned Senior Government

Pleader.

3. In the nature of the order that I propose to pass, notice to

the 5th respondent is dispensed with.

4. 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

Exts.P4, P8, P12 and P16, after affording an opportunity of

being heard, either physically or virtually, to the

petitioners herein or their authorised representatives and

the 5th respondent.

b) Orders, as directed above, shall be passed

expeditiously, in any event, within a period of three

months from the date of production of a copy of this

judgment.

c) It would be open to the petitioners 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) 22008/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 16.07.2021.

Exhibit P2 TRUE COPY OF THE ORDER NO. D/14821/2021 DATED 24.09.2021 OF THE 4TH RESPONDENT.

Exhibit P3 TRUE COPY OF THE ORDER NO. B4/195736/2021 OF THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE REVISION FILED BEFORE THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE ORDER OF THE MANAGER DATED 16.07.2021.

Exhibit P6 TRUE COPY OF THE ORDER NO. D/13823/2021 DATED 24.09.2021 OF THE 4TH RESPONDENT.

Exhibit P7 TRUE COPY OF THE ORDER NO. B4/195735/2021 DATED 24.05.2022 OF THE 3RD RESPONDENT.

Exhibit P8 TRUE COPY OF THE REVISION FILED BEFORE THE 2ND RESPONDENT BY THE MANAGER.

Exhibit P9 TRUE COPY OF THE ORDER OF THE MANAGER DATED 15.07.2021.

Exhibit P10 TRUE COPY OF THE ORDER NO. D/13822/2021 DATED 25.09.2021 OF THE 4TH RESPONDENT.

Exhibit P11 TRUE COPY OF THE ORDER NO. B4/195729/2021 DATED 24.05.2022 OF THE 3RD RESPONDENT.

Exhibit P12 TRUE COPY OF THE REVISION FILED BEFORE THE 2ND RESPONDENT BY THE MANAGER.

Exhibit P13 TRUE COPY OF THE APPOINTMENT ORDER OF THE 4TH

PETITIONER DATED 16.07.2021.

Exhibit P14 TRUE COPY OF THE ORDER NO. D/14819/2021 DATED 24.09.2021 OF THE 4TH RESPONDENT.

Exhibit P15 TRUE COPY OF THE ORDER NO. B4/195730/2021 OF THE 3RD RESPONDENT.

Exhibit P16 TRUE COPY OF THE REVISION FILED BEFORE THE 2ND RESPONDENT BY THE MANAGER.

Exhibit P17 TRUE COPY OF THE G.O. (P) NO. 3/2019/G.EDN.

DATED 28.02.2019 OF THE GOVERNMENT.

Exhibit P18 TRUE COPY OF THE CIRCULAR NO. J2/57/2019/G.EDN.

DATED 08.03.2019 OF THE GOVERNMENT.

Exhibit P19 TRUE COPY OF THE STAFF FIXATION ORDER 2019-2020 DATED 15.07.2019 OF THE 4TH RESPONDENT.

Exhibit P20 TRUE COPY OF THE DECLARATION OF THE MANAGER DATED 17.06.2022.

Exhibit P21 TRUE COPY OF THE G.O. (P) NO. 4/2021/G.EDN.

DATED 06.02.2021 OF THE GOVERNMENT.

RESPONDENTS EXHIBITS : NIL