Simi Simenthy vs State Of Kerala
2022 Latest Caselaw 6685 Ker

WP(C) NO. 18630 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. 18630 OF 2022
PETITIONER/S:

          SIMI SIMENTHY
          AGED 38 YEARS, W/O. DELVIN D'CUNHA,
          ILLICKAL HOUSE, KADUKUTTY P. O., CHALAKUDY (VIA),
          THRISSUR-680 309, WORKING AS U.P.S.T.,
          LUIZ ANGLO- INDIAN UPPER PRIMARY SCHOOL,
          KADUKUTTY P. O., CHALAKUDY (VIA), THRISSUR-680 309.

          BY ADV V.VIJULAL


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN-695 001.
    2     THE DIRECTOR OF GENERAL EDUCATION
          OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM, PIN-695 014.
    3     THE DEPUTY DIRECTOR OF EDUCATION
          OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
          ERNAKULAM, KAKKANAD, PIN-682 030, OFFICIATING AS
          MANAGER,
          CENTRAL BOARD OF ANGLO - INDIAN EDUCATION
          (REG. NO.9/1953), PERUMANOOR P. O., KOCHI-682 015.
    4     ASSISTANT EDUCATIONAL OFFICER
          OFFICE OF ASSISTANT EDUCATIONAL OFFICER,
          MALA-680 732.


          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. 18630 OF 2022                    2




                                  JUDGMENT

Claiming that the petitioner is entitled to mobility benefits and thereby

exercise options for getting statutory pension, she is stated to have approached

the 4th respondent and filed an application. However, by Ext.P7 order, her claim

was rejected. In the said circumstances, the petitioner is stated to have

preferred Ext.P8 revision petition before the 1st respondent which is stated to be

pending.

2. When this matter came up for consideration, Sri. V. Vijulal, the learned

counsel appearing for the petitioner submitted that the request of the petitioner

at this stage is for issuance of directions to the 1st respondent to consider

Ext.P8 revision petition and take a decision within a timeframe with due notice.

3. I have heard the learned Government Pleader.

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.P8, adverting to

Exts.P5 and P6 and after affording an opportunity of being heard,

either physically or virtually, to the petitioner herein or her

authorised representative.

b) Orders, as directed above, shall be passed expeditiously, in

any event, within a period of two 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) 18630/2022

PETITIONER(S) EXHIBITS :

Exhibit P1 TRUE COPY OF APPOINTMENT ORDER DATED 2.6.2008 ISSUED BY THE 4TH RESPONDENT ALONG WITH THE ORDER OF APPROVAL.

Exhibit P2 TRUE COPY OF APPOINTMENT ORDER DATED 1.6.2015 ISSUED BY THE MANAGER.

Exhibit P3 TRUE COPY OF ORDER NO. C-3876/2020/K.DIS.

DATED 5.10.2020 ISSUED BY THE 4TH RESPONDENT.

Exhibit P4 TRUE COPY OF G.O.(P) NO. 20/2013/FIN. DATED 7.1.2013.

Exhibit P5 TRUE COPY OF G.O.(P) NO. 142/2018/FIN.

DATED 10.9.2018.

Exhibit P6 TRUE COPY OF G.O.(P) NO. 92/2020/FIN. DATED 6.7.2020.

Exhibit P7 TRUE COPY OF ORDER NO. C-2649/2021 DATED 21.10.2021 ISSUED BY THE 4TH RESPONDENT. Exhibit P8 TRUE COPY OF REVISION PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 16.9.2021.

RESPONDENT(S) EXHIBITS : NIL