Kerala High Court
Nisha B.Anandan vs The State Of Kerala Rep By Its ... on 27 July, 2022
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. 24351 OF 2022
PETITIONER/S:
NISHA B.ANANDAN
AGED 44 YEARS
HEADMISTRESS,
SREE NARAYANA VILASAM UPPER PRIMARY SCHOOL,
VALIYAKULAM, CHERUKULANJI, RANNI,
PATHANAMTHITTA DISTRICT-689 673
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENT/S:
1 THE STATE OF KERALA REP BY ITS
SECRETARY TO GOVERNMENT
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,
CIVIL STATION,
PATHANAMTHITTA DISTRICT-689 645
4 THE ASSISTANT EDUCATIONAL OFFICER,
CIVIL STATION,
PATHANAMTHITTA DISTRICT-689 645
WP(C) NO. 24351 OF 2022
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5 THE MANAGER
SREE NARAYANA VILASAM UPPER PRIMARY SCHOOL,
VALIYAKULAM, CHERUKULANJI, RANNI,
PATHANAMTHITTA DISTRICT-689 673
SMT NISHA BOSE SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 24351 OF 2022
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JUDGMENT
The petitioner contends that she commenced service as a Primary
School Teacher in Sree Narayana Vilasam Upper Primary School, Valiyakulam
on 02.06.2003. However, due to the reduction of post, she was retrenched
from 15.07.2008. She contends that, though she has more than twelve years
of service and she is the senior most in the school, her request for
appointment as Headmistress was declined by the DEO. Challenging the
same, the petitioner is stated to have preferred Exhibit P7 revision petition
before the 1st respondent.
2. Sri. M. Sajjad, the learned counsel appearing for the petitioner
submitted that directions be issued to the 1st respondent to consider Ext.P7
and take a decision within a time frame with due notice.
3. Heard Smt. Nisha Bose, the learned Senior Government Pleader.
In view of 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:
WP(C) NO. 24351 OF 2022
a) There will be a direction to the 1st respondent to
take up, consider and pass appropriate orders on Ext.P7, after
affording an opportunity of being heard, either physically or
virtually, to the petitioner herein or her authorized
representative and the 5th respondent.
b) Orders, as directed above, shall be passed
expeditiously, in any event, within 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
avs
WP(C) NO. 24351 OF 2022
APPENDIX OF WP(C) 24351/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED
01-06-2020
Exhibit P2 TRUE COPY OF THE ORDER NO. B/ 4139/2020 DATED 23.10.2020 OF
THE AEO
Exhibit P3 TRUE COPY OF THE APPEAL PETITION FILED BEFORE THE DEO DATED
10-11-2020 BY THE MANAGER
Exhibit P4 TRUE COPY OF THE JUDGMENT IN W.P. (C) NO. 15346/2021 DATED
02.09.2021
Exhibit P5 TRUE COPY OF THE ORDER NO. B1/5012/2021 DATED 16.12.2021 OF
THE DEO, PATHANAMTHITTA
Exhibit P6 TRUE COPY OF THE REVISION FILED BEFORE THE 2ND RESPONDENT
DATED 19.01.2022
Exhibit P7 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE 1ST
RESPONDENT ON 27.06.2022
Exhibit P8 TRUE COPY OF THE CERTIFICATE OF KERS OF THE PETITIONER DATED
02-07-2010
Exhibit P9 TRUE COPY OF THE CERTIFICATE OF ACCOUNT TEST HIGHER OF THE
PETITIONER 02-07-2010
Exhibit P10 TRUE COPY OF THE CERTIFICATE OF THE PETITIONER (ACCOUNT TEST
LOWER) DATED 02.07.2010
