Preetha Annie Korula vs The State Of Kerala
2022 Latest Caselaw 8551 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. 11984 OF 2022

PETITIONER/S:

           PREETHA ANNIE KORULA
           AGED 37 YEARS
           W/O.MATHEW MATHEW,
           THAYIL VADAKKETHIL, KODUKULANJI,
           CHENGANNUR - 689 508
           (UPPER PRIMARY SCHOOL TEACHER,
           C.M.S.HIGH SCHOOL, KUMPLAMPOIKA).

           BY ADVS.
           S.SUBHASH CHAND
           ASWATHY JINADEVAN

RESPONDENT/S:

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

    2      THE DIRECTOR OF GENERAL EDUCATION
           OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
           JAGATHY, THIRUVANANTHAPURAM - 695 014.

    3      THE DISTRICT EDUCATIONAL OFFICER
           OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
           PATHANAMTHITTA - 689 645.

    4      THE CORPORATE MANAGER
           C.M.S.SCHOOLS, DIVISION OFFICE,
           CATHEDRAL ROAD, KOTTAYAM - 686 001.

           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. 11984 OF 2022

                                      2

                                JUDGMENT

The petitioner states that she was appointed as Upper Primary

School Teacher ("UPST") in the C.M.S High School, Kumplampoika, in an

additional division vacancy with effect from 26.07.2019, as is evident from

Exhibit P1 order. The grievance of the petitioner concerns the refusal on

the part of the 3rd respondent in approving the appointment of the

petitioner. Being aggrieved, the petitioner is stated to have preferred

Exhibit P7 revision petition before the 1st respondent, which is stated to be

pending.

2. When the matter was taken up, Sri. Subhash Chand S., the

learned counsel appearing for the petitioner submitted that the petitioner

would be satisfied if directions were issued to the 1st respondent to take

up and consider Exhibit P7 revision petition in the light of Exhibit P6 order

issued by the DEO, Pathanamthitta and P5 declaration filed by the

Manager, within a time frame with due notice.

3. I have heard the learned Government Pleader as well. In

view of the nature of the order that I propose to pass, notice to the 4th

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 WP(C) NO. 11984 OF 2022

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

by issuing the following directions:

a) There will be a direction to the 1st respondent to

take up, consider and pass appropriate orders on Exhibit P7

adverting to Exhibits P5 and P6, after affording an opportunity

of being heard, either physically or virtually, to the petitioner

herein or her authorized representative and the 4th

respondent.

b) Orders, as directed above, shall be passed

expeditiously, in any event, within a period of 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

avs WP(C) NO. 11984 OF 2022

APPENDIX OF WP(C) 11984/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER AS UPPER PRIMARY SCHOOL TEACHER WITH EFFECT FROM 26/07/2019 ISSUED BY RESPONDENT NO.4.

Exhibit P2 TRUE COPY OF THE ORDER DATED 26/07/2019 PASSED BY RESPONDENT NO.4.

Exhibit P3 TRUE COPY OF THE ORDER DATED 03/11/2021 PASSED BY RESPONDENT NO.4.

Exhibit P4 TRUE COPY OF THE GOVERNMENT ORDER BEARING GO(P) NO.4/2021/G.EDN. DATED 06/02/2021.

Exhibit P5 TRUE COPY OF THE DECLARATION DATED 26/07/2019 SUBMITTED BY RESPONDENT NO.4.

Exhibit P6 TRUE COPY OF THE ORDER DATED 15/01/2022 PASSED BY RESPONDENT NO.3.

Exhibit P7 TRUE COPY OF THE STATUTORY REVISION PETITION DATED 24/02/2022 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.1 UNDER RULE 92 OF CHAPTER XIV A, KER.

Exhibit P8 TRUE COPY OF THE ORDER BEARING NO.A2/41/2022/G.EDN.DATED 04.04.2022 ISSUED BY RESPONDENT NO.1