Neethulekshmi K.R vs The State Of Kerala
2022 Latest Caselaw 9034 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

   WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944

                      WP(C) NO. 22896 OF 2022
PETITIONER:

              NEETHULEKSHMI K.R.
              AGED 28 YEARS
              WIFE OF VISHNU, UPPER PRIMARY SCHOOL TEACHER (UPST),
              VENMONI GRAMA SEVA SAMITHI AMBIKODAYAM HIGHER SECONDARY
              SCHOOL, NEDIYAVILA, KUNNATHUR, KOLLAM DISTRICT-690 540.

              BY ADVS.
              V.A.MUHAMMED
              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 DIRECTOR OF GENERAL EDUCATION,
              JAGATHY, THIRUVANANTHAPURAM-695 014.

     3        THE DEPUTY DIRECTOR OF EDUCATION,
              GOVERNMENT BOYS HIGHER SECONDARY SCHOOL CAMPUS,
              THEVALLY-691 009, KOLLAM DISTRICT.

     4        THE DISTRICT EDUCATIONAL OFFICER,
              KOTTARAKKARA, KOLLAM DISTRICT-691 508.

     5        THE MANAGER,
              VENMONI GRAMA SEVA SAMITHI AMBIKODAYAM HIGHER SECONDARY
              SCHOOL, NEDIYAVILA, KUNNATHUR, KOLLAM DISTRICT-690 540.
 W.P. (C) No.22896 of 2022
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       6         THE VICE PRINCIPAL/HEADMASTER,
                 VENMONI GRAMA SEVA SAMITHI, AMBIKODAYAM HIGHER SECONDARY
                 SCHOOL, NEDIYAVILA, KUNNATHUR, KOLLAM DISTRICT - 690540.


                 SMT.NISHA BOSE, SR GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P. (C) No.22896 of 2022
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                                   JUDGMENT

The petitioner contends that she was appointed as UPST in a

promotion vacancy in the Venmoni Grama Seva Samithi Ambikodayam

Higher Secondary School. She states that approval was granted with effect

from 15.07.2021. However, approval has now been cancelled and orders

have been issued to stop the disbursal of the salary. Being aggrieved, the

petitioner is stated to have preferred Ext.P10 revision petition before the

Government. The prayer in this writ petition is for issuance of direction to

the 1st respondent to consider Ext.P10 and pass orders expeditiously

within a time frame.

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

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

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

respondents 5 and 6 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 W.P. (C) No.22896 of 2022

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.P10, after

affording an opportunity of being heard, either physically or

virtually, to the petitioner herein or her authorised

representative and respondents 5 and 6.

b) Orders, as directed above, shall be passed expeditiously, in

any event, within 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, IAP JUDGE W.P. (C) No.22896 of 2022

APPENDIX OF WP(C) 22896/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 15.07.2021.

Exhibit P2 TRUE COPY OF THE BA CERTIFICATE ISSUED BY THE UNIVERSITY OF KERALA DATED 08.03.2017.

Exhibit P3 TRUE COPY OF THE MA CERTIFICATE ISSUED BY THE DAKSHINA BHARAT HINDI PRACHAR SABHA DATED 30.01.2021.

Exhibit P4 TRUE COPY OF THE B.ED. CERTIFICATE ISSUED BY THE UNIVERSITY OF KERALA DATED 21.11.2017.

Exhibit P5 TRUE COPY OF THE KTET CERTIFICATE ISSUED BY THE SECRETARY BOARD OF EXAMINATIONS (K-TET) DATED 24.11.2018.

Exhibit P6 TRUE COPY OF THE ORDER NO. B6/24788/2021 DATED 18.08.2021 OF THE DEO, KOTTARAKKARA.

Exhibit P7 TRUE COPY OF THE LETTER NO. B6/1117/2022 DATED 19.3.2022 OF THE DEO, KOTTARAKKARA.

Exhibit P8 TRUE COPY OF THE PETITION FILED BEFORE THE 2ND RESPONDENT DATED 23.03.2022.

Exhibit P9 TRUE COPY OF THE CIRCULAR NO.

1866829/J3/17/G.EDN. DATED 09.03.2018 OF THE GOVERNMENT.

Exhibit P10 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 10.06.2022.

W.P. (C) No.22896 of 2022

RESPONDENTS EXHIBITS : NIL