Kerala High Court
Shijina N vs State Of Kerala on 9 June, 2022
WP(C) NO. 5841 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 5841 OF 2022
PETITIONER:
SHIJINA N
LPST, ALP SCHOOL, NALLALAM, FEROKE, KOZHIKODE -
673027.
BY ADVS.
AUGUSTINE JOSEPH
K.S.ROCKEY
TONY AUGUSTINE
GEORGE RENOY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
2 THE ASSISTANT EDUCATIONAL OFFICER
FEROKE, KOZHIKODE - 673631.
3 THE MANAGER
ALP SCHOOL, NALLALAM, FEROKE, KOZHIKODE - 673027.
SMT NISHA BOSE, SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5841 OF 2022 2
JUDGMENT
The above-captioned writ petition is filed seeking the following reliefs:
(i) issue a writ of mandamus or any other writ, order or
direction to the respondents to approve the appointment of the
petitioner on regular scale with effect from 7.7.2008 onwards
including the summer vacation of 2009.
(ii) issue a writ of mandamus or any other writ, order or
direction to the 1st respondent to consider and pass orders on
Ex.P12 revision petition within a time frame and affording an
opportunity of hearing to the petitioner.
2. When the matter was taken up, Sri.Augustine Joseph, the learned
counsel appearing for the petitioner requested that directions be issued to the
1st respondent to consider and pass orders on Ext.P12 expeditiously.
3. I have heard Smt.Nisha Bose, the learned Senior Government
Pleader and have considered the submissions advanced. In the nature of the
order that I propose to pass, notice to the 3rd 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 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.P12, after affording an
opportunity of being heard, either physically or virtually, to the
petitioner herein or her authorised representative and the 3rd
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
to ensure compliance.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
IAP
APPENDIX OF WP(C) 5841/2022
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 7.7.2008
OF THE PETITIONER.
Exhibit P2 TRUE COPY OF THE PROCEEDINGS DATED 24.11.2008 OF
THE 2ND RESPONDENT.
Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER DATED
1.6.2009.
Exhibit P4 TRUE COPY OF THE PROCEEDINGS DATED 5.10.2009 OF
THE 2ND RESPONDENT.
Exhibit P5 TRUE COPY OF THE PROCEEDINGS DATED 27.12.2011 OF
THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 23.10.2019 IN
WP(C) NO.27907/2019.
Exhibit P7 TRUE COPY OF THE ORDER DATED 18.02.2020 OF THE
1ST RESPONDENT.
Exhibit P8 TRUE COPY OF THE REVIEW PETITION DATED 10.07.2020
SUBMITTED BEFORE THE 1ST RESPONDENT.
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 27.07.2020 IN
WP(C) NO.15282/2020.
Exhibit P10 TRUE COPY OF THE GOVERNMENT ORDER DATED 1.2.2021
FROM THE 1ST RESPONDENT.
Exhibit P11 TRUE COPY OF THE MODIFIED APPOINTMENT ORDER DATED
7.7.2008 FROM THE MANAGER.
Exhibit P12 TRUE COPY OF THE REVISION PETITION DATED
18.10.2021 PENDING BEFORE THE 1ST RESPONDENT.
RESPONDENTS' EXHIBITS:
NIL
