Salini K vs State Of Kerala
2022 Latest Caselaw 6293 Ker

WP(C) NO. 12964 OF 2022           1



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                      WP(C) NO. 12964 OF 2022
PETITIONER:

          SALINI K.,
          AGED 43 YEARS
          W/O. RAJAGOPAL G., UPST, T.R. KUNJIKRISHNAN U.P.
          SCHOOL, VALANCHERY, MALAPPURAM-676552, RESIDING AT
          KARATTIL HOUSE, KAIPURAM P.O., NADUVATTAM VIA,
          PATTAMBI, PALAKKAD-679308.

          BY ADV J.G.SYAMNATH



RESPONDENTS:

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

    2     THE DIRECTOR OF GENERAL EDUCATION,
          DIRECTORATE OF GENERAL EDUCATION, JAGATHY P.O.,
          THIRUVANANTHAPURAM-695014.

    3     THE DEPUTY DIRECTOR OF EDUCATION,
          OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION. DOWNHILL
          P.O., MALAPPURAM-676519.

    4     THE DISTRICT EDUCATIONAL OFFICER,
          TIRUR, CIVIL STATION, TIRUR P.O., MALAPPURAM
          DISTRICT-676101.

    5     THE ASSISTANT EDUCATIONAL OFFICER,
          KUTTIPURAM, OFFICE OF THE ASSISTANT EDUCATIONAL
          OFFICER, P.O. KUTTIPURAM, MALAPPURAM DISTRICT-
          679571.

    6     THE MANAGER,
          T.R. KUNJIKRISHNAN U.P. SCHOOL, VALANCHERY,
          VALANCHERY P.O., MALAPPURAM DISTRICT-676552.
 WP(C) NO. 12964 OF 2022               2




     7       RAJI K.P.,
             UPST, T.R. KUNJIKRISHNAN U.P. SCHOOL, VALANCHERY,
             MALAPPURAM-676552.




             SRI PREMCHAND R NAIR, SR GOVERNMENT PLEADER




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   03.06.2022,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 12964 OF 2022                 3




                                 JUDGMENT

The petitioner states that she is presently working as UPST in TR

Kunjikrishnan UP School, Valanchery in an additional vacancy which arose in

the school during the academic year 2016-2017. The grievance of the

petitioner is that the approval of the appointment was rejected by the

Government. The petitioner contends that being aggrieved, the Manager has

preferred a revision petition before the Government which was finally

disposed of by Ext.P3 order directing the 5th respondent to take a decision.

The 5th respondent has passed Ext.P4 order rejecting the same. Challenging

the same, the Manager had preferred a revision petition before the

Government which is stated to be pending. It is submitted that the petitioner

has also preferred Ext.P6 revision petition before the 1st respondent which is

also pending. The prayer in this writ petition is for a consideration of Ext.P6

revision petition filed by the petitioner along with the one filed by the

Manager before the 1st respondent within a time frame.

2. Heard the learned counsel appearing for the petitioner and the

learned Government Pleader. In the nature of the order that I propose to

pass, notice to the respondents 6 and 7 are 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 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.P6, after affording an

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

petitioner herein or her authorised representative and the

respondents 6 and 7. If the revision petition filed by the Manager

has not been disposed of, Ext.P6 shall be considered along with

the same.

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 to ensure compliance.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE IAP

APPENDIX OF WP(C) 12964/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPOINTING ORDER DATED 01/08/2016 ISSUED BY THE MANAGER.

Exhibit P2 TRUE COPY OF THE ORDER DATED 17/09/2016 ISSUED BY THE 5TH RESPONDENT.

Exhibit P3 TRUE COPY OF THE GOVERNMENT ORDER DATED 25/02/2021.

Exhibit P4 TRUE COPY OF THE ORDER DATED 30/03/2021 ISSUED BY THE 5TH RESPONDENT.

Exhibit P5 TRUE COPY OF THE REPORT SUBMITTED BY THE 5TH RESPONDENT BEFORE THE GOVERNMENT.

Exhibit P6 TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER DATED 30/03/2022.

RESPONDENTS' EXHIBITS:

NIL