Anitha .P.Nair vs The State Of Kerala
2022 Latest Caselaw 6668 Ker

Citation : 2022 Latest Caselaw 6668 Ker
Judgement Date : 9 June, 2022

Kerala High Court

Anitha .P.Nair vs The State Of Kerala on 9 June, 2022

WP(C) NO. 18649 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. 18649 OF 2022
PETITIONER/S:

          ANITHA .P.NAIR,
          AGED 54 YEARS, WIFE OF SUNIL KUMAR A ,
          UPPER PRIMARY SCHOOL TEACHER (UPST),
          ESWARA VILASAM UPPER PRIMARY SCHOOL, KOOTHALI,
          PARASSALA, THIRUVANANTHAPURAM-695 505 (RESIDING AT
          LEKSHMIKA, KANNATHYKONAM, CHERUVALLUR,
          KANYAKUMARI-629 152)
          BY ADVS.
          V.A.MUHAMMED
          M.SAJJAD


RESPONDENT/S:

    1     THE STATE OF KERALA,
          REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
          THIRUVANANTHAPURAM-695 001
    2     THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM-695 014
    3     THE ASSISTANT EDUCATIONAL OFFICER,
          PARASSALA, THIRUVANANTHAPURAM-695 502
    4     THE MANAGER,
          ESWARA VILASAM UPPER PRIMARY SCHOOL, KOOTHALI,
          PARASALA, THIRUVANANTHAPURAM-695 505
    5     SMT. SHEENA CHRISTEBEL,
          HEADMISTRESS (NOT APPROVED),
          ESWARA VILASAM UPPER PRIMARY SCHOOL, KOOTHALI,
          PARASALA, THIRUVANANTHAPURAM-695 505


          SMT. NISHA BOSE, SR. GP


     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. 18649 OF 2022                     2



                                  JUDGMENT

The petitioner contends she is the senior-most person entitled for

appointment to the post of Headmistress in the Eswara Vilasam Upper Primary

School, Koothali, Parassala. Ignoring her claim, the 5th respondent was

appointed as the Headmistress. Though the said order was challenged before

respondents 2 and 3, the same was repelled. In the said circumstances, the

petitioner is stated to have preferred Exts.P6 revision petition before the 1st

respondent which is stated to be pending.

2. Though various prayers are sought in the writ petition, when this

matter came up for consideration, Sri. M. Sajjad, the learned counsel appearing

for the petitioner submitted that the limited request at this stage is for issuance

of directions to the 1st respondent to consider Ext.P6 revision petition and take a

decision within a timeframe with due notice.

3. I have heard the learned Government Pleader. In view of 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.P6 after affording an

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

petitioner herein or her authorised representative, and the

respondents 4 and 5.

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.