Sudhakumari P.K vs The State Of Kerala
2022 Latest Caselaw 6089 Ker

WP(C) NO. 12808 OF 2022           1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
                    WP(C) NO. 12808 OF 2022
PETITIONER/S:

          SUDHAKUMARI P.K.
          AGED 51 YEARS,WIFE OF GOPAKUMAR,
          FORMER UPPER PRIMARY SCHOOL TEACHER,
          V K N M VOCATIONAL HIGHER SECONDARY SCHOOL,
          VAYYATTUPUZHA - 689 663
          (RESIDING AT PERUMPETTETH POST
          MALAYALAPUZHA THAZHAM,
          PATHANAMTITTA DISTRICT - 689 666).

          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 DEPUTY DIRECTOR OF EDUCATION
          PATHANAMTHITTA @ THIRUVALLA - 689 101.
    3     THE DISTRICT EDUCATIONAL OFFICER
          CIVIL STATION, PATHANAMTHITTA - 689 645.
    4     THE MANAGER
          V K N M VOCATIONAL HIGHER SECONDARY SCHOOL,
          VAYYATTUPUZHA, PATHANAMTHITTTA DISTRICT - 689 663.

    5     THE PRINCIPAL
          V K N M VOCATIONAL HIGHER SECONDARY SCHOOL,
          VAYYATTUPUZHA, PATHANAMTHITTA DISTRICT - 689 663.


          SMT. SABEENA P ISMAIL, SR GP



    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12808 OF 2022                      2




                                   JUDGMENT

The petitioner contends that she had got various spells of approved

service in the VKNM Vocational Higher Secondary School and in view of the

above, she is a Rule 51A claimant. When retirement vacancies arose in the

school, the petitioner claimed reappointment. It is contended that though in

terms of the directions issued by this Court in W.P.(C) No.16421 of 2021,

directions were issued by the DEO, the Manager refused to comply with those

directions. Later, the order passed by the DEO was varied by the DDE. Being

aggrieved by the aforesaid order, the petitioner is stated to have preferred

Ext.P13 revision petition before the Government. It is in the afore circumstances

that the petitioner is before this Court seeking directions.

2. Sri. V.A. Muhammed, the learned counsel appearing for the petitioner

submitted that the limited request of the petitioner at this stage is for an

expeditious consideration of Ext.P13 revision petition. It is also prayed that till

orders are passed on Ext.P13, proceedings pursuant to Ext.P12 be kept in

abeyance.

3. I have heard Smt.Sabeena P. Ismail, the learned Government Pleader

and have considered the submissions. In the nature of the order that I propose

to pass, notice to respondents 4 and 5 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 1st respondent to take up,

consider and pass appropriate orders on Ext.P13, after

affording an opportunity of being heard, either physically or

virtually, to the petitioner herein or her authorised

representative and the party respondents. Until orders are

passed on Ext.P13, proceedings pursuant to Ext.P12 shall be

kept in abeyance.

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 NS

APPENDIX OF WP(C) 12808/2022

PETITIONER(S) EXHIBITS :

Exhibit P1 TRUE COPY OF THE G.O.(P) NO.31/2006/G.EDN.

DATED 19/01/2006.

Exhibit P2 TRUE COPY OF THE G.O.(P) NO.4/2021/G.EDN.

DATED 06/02/2021.

Exhibit P3 TRUE COPY OF G.O.(RT) NO.486/2020/G.EDN.

DATED 24/01/2020.

Exhibit P4 TRUE COPY OF THE G.O.(RT) NO.1817/2021/G.EDN. DATED 20/02/2021.

Exhibit P5 TRUE COPY OF THE G.O(RT) NO.1871/2021/G.EDN. DATED 23/02/2021.

Exhibit P6 TRUE COPY OF THE G.O.(RT) NO.1867/2021/G.EDN. DATED 23/02/2021. Exhibit P7 TRUE COPY OF THE GOVERNMENT LETTER NO.37431/2000/G.EDN. DATED 09/10/2000. Exhibit P8 TRUE COPY OF THE LETTER ADDRESSED TO THE MANAGER BY THE PETITIONER DATED 22/07/2021. Exhibit P9 TRUE COPY OF THE LETTER ADDRESSED TO THE DEO, PATHANAMTHITTA BY THE PETITIONER DATED 22/07/2021.

Exhibit P10 TRUE COPY OF THE JUDGMENT IN WP(C) NO.16421/2021 DATED 12/08/2021.

Exhibit P11 TRUE COPY OF THE ORDER NO.B3/5906/2021 DATED 18/09/2021 OF THE DEO, PATHANAMTHITTA.

Exhibit P12 TRUE COPY OF THE ORDER NO.B4/10402/2021 DATED 14/03/2022 OF THE AEO, PATHANAMTHITTA.

Exhibit P13 TRUE COPY OF THE REVISION PETITION IS SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 25/03/2022.

RESPONDENT(S) EXHIBITS : NIL