Citation : 2022 Latest Caselaw 7092 Ker
Judgement Date : 17 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
WP(C) NO. 19543 OF 2022
PETITIONER/S:
SAJISHA K,
AGED 41 YEARS,
D/O. RAJENDRAN, AGED 41 YEARS,
LOWER PRIMARY SCHOOL TEACHER (LPST),
KUDAKKALAM U.P. SCHOOL, ERANHOLI,
THALASSERY, KANNUR DISTRICT, PIN 670107.
(RESIDING AT KUNIYIL HOUSE, CHOODIKOTTA,
MAHE - 673310, KOZHIKODE DISTRICT).
BY ADV K.P.SUDHEER
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION,
SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR GENERAL OF EDUCATION,
JAGATHY, THIRUVANANTHAPURAM -
PIN - 695014
3 DISTRICT EDUCATIONAL OFFICER,
DISTRICT EDUCATIONAL OFFICE,
THALASSERY, KANNUR DISTRICT
PIN - 670101.
4 ASSISTANT EDUCATIONAL OFFICER
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
THALASSERY NORTH, KANNUR DISTRICT,
PIN - 670101.
5 THE MANAGER,
KUDAKKALAM U.P. SCHOOL, ERANHOLI,
THALASSERY, KANNUR DISTRICT
PIN - 670107.
WP(C) NO. 19543 OF 2022 2
SMT.NISHA BOSE, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19543 OF 2022 3
JUDGMENT
The petitioner states that she was appointed as a Lower Primary
School Teacher in the Kudakkalam U.P.School, Eranholi with effect from
15.7.2021 in a retirement vacancy which arose on 31.5.2021. The
grievance of the petitioner is that the proposal for approval of the
appointment was not approved for trivial reasons. The petitioner is stated
to have preferred Ext.P2 appeal before the 2nd respondent. The prayer in
this writ petition is for expeditious consideration of Ext.P2 appeal.
2. I have heard Sri. K.P.Sudheer, the learned counsel appearing for
the petitioner and Smt.Nisha Bose, the learned Senior Government
Pleader.
3. In the nature of the order that I propose to pass notice to the
5th 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
at the admission stage itself by issuing the following directions:
a) There will be a direction to the 2nd respondent to
take up, consider and pass appropriate orders on Ext.P2
appeal, after affording an opportunity of being heard, either
physically or virtually, to the petitioner herein or her
authorized representative and the 5th 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 for further action.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE sru
APPENDIX OF WP(C) 19543/2022
PETITIONER EXHIBITS :
EXHIBIT P1 TRUE COPY OF ORDER NO. B/1787/21 DATED 03.08.2021 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P2 TRUE COPY OF APPEAL DATED 11.11.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF POSTAL RECEIPT DATED 11.11.2021.
EXHIBIT P4 TRUE COPY OF CIRCULAR NO. 13402/J2/12/G.EDN DATED 10/04/2012 ISSUED BY THE 1ST RESPONDENT.
RESPONDENTS EXHIBITS : NIL
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