Victoria Shepard vs The State Of Kerala
2022 Latest Caselaw 8909 Ker

WP(C) NO. 22125 OF 2022          1




            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944


                    WP(C) NO. 22125 OF 2022


PETITIONER:

           VICTORIA SHEPARD,
           W/O. ROBIN M.K., MEMANA, ARAKKULAM PO, IDUKKI-
           685591 (HIGH SCHOOL TEACHER (MATHS), ST. THOMAS
           HIGH SCHOOL, THUDANGANAD)

           BY ADV S.SUBHASH CHAND


RESPONDENTS:

    1      THE STATE OF KERALA,
           REPRESENTED BY THE SECRETARY TO GOVERNMENT,
           DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
           SECRETARIAT, THIRUVANANTHAPURAM-695001.

    2      THE DIRECTOR OF GENERAL EDUCATION
           (FORMERLY THE DIRECTOR OF PUBLIC INSTRUCTIONS),
           OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
           THIRUVANANTHAPURAM - 695 001.

    3      THE DISTRICT EDUCATIONAL OFFICER,
           OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
           THODUPUZHA-685584.

    4      THE DISTRICT EDUCATIONAL OFFICER,
           OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
           KANJIRAPPALLY-686507

    5      THE ASSISTANT EDUCATIONAL OFFICER,
           OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
           THODUPUZHA-685584.
 WP(C) NO. 22125 OF 2022               2



     6     THE CORPORATE MANAGER,
           CORPORATE EDUCATIONAL AGENCY, DIOCESE OF PALAI-
           686575.



           SMT NISHA BOSE, SR GOVERNMENT PLEADER




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   07.07.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 22125 OF 2022                  3




                                 JUDGMENT

The petitioner has approached this Court contending that she is

entitled to have her service regularised for the period from 01.06.2015 to

31.05.2016 in the cadre of Upper Primary School Teacher. When the

request made by the petitioner was denied, the petitioner is stated to have

preferred Ext.P5 revision petition before the 1st respondent. The prayer in

this writ petition is for a direction to the 1st respondent to consider and

pass orders on Ext.P5 expeditiously, with due notice.

2. Heard Sri.Subhash Chand S, the learned counsel appearing for

the petitioner and Smt.Nisha Bose, the learned Senior Government Pleader.

In view of the nature of the order that I propose to pass, notice to the 6th

respondent is dispensed with.

3. 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.P5, after affording

an opportunity of being heard, either physically or virtually, to

the petitioner herein or her authorised representative and the

6th 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 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 IAP

APPENDIX OF WP(C) 22125/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPROVED APPOINTMENT ORDER DATED 3.6.2013 ISSUED BY RESPONDENT NO.6

Exhibit P2 TRUE COPY OF THE APPROVED APPOINTMENT ORDER DATED 1.6.2015 ISSUED BY RESPONDENT NO.6

Exhibit P3 TRUE COPY OF THE ORDER BEARING NO.25/2016 (2) DATED 8.8.2016 THUS PASSED BY RESPONDENT NO.6

Exhibit P4 TRUE COPY OF THE APPROVED APPOINTMENT ORDER DATED 1.6.2017 ISSUED BY RESPONDENT NO.6

Exhibit P5 TRUE COPY OF THE STATUTORY REVISION PETITION DATED 6.5.2022 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.1

RESPONDENTS' EXHIBITS:

NIL