Citation : 2022 Latest Caselaw 7148 Ker
Judgement Date : 23 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 13446 OF 2022
PETITIONER/S:
1 SRUTHI C
AGED 25 YEARS
W/O. P.P. MANIKANDAN,
LOWER PRIMARY SCHOOL TEACHER (LPST),
A.U.P SCHOOL, ORUMANAYOOR, CHAVAKKAD,
THRISSUR DISTRICT - 680512.
2 SURYA M. S
UPPER PRIMARY SCHOOL TEACHER (UPST),
A.U.P SCHOOL, ORUMANAYOOR,
CHAVAKKAD, THRISSUR DISTRICT - 680512.
3 JAYASREE K.R,
LOWER PRIMARY SCHOOL TEACHER (LPST),
A.U.P SCHOOL, ORUMANAYOOR,
CHAVAKKAD, THRISSUR DISTRICT - 680512.
4 SIMSY PAUL K
UPPER PRIMARY SCHOOL TEACHER (UPST),
A.U.P SCHOOL, ORUMANAYOOR, CHAVAKKAD,
THRISSUR DISTRICT - 680512.
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM - 695001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM - 695014.
WP(C) NO. 13446 OF 2022
2
3 THE ASSISTANT EDUCATIONAL OFFICER,
CHAVAKKAD, THRISSUR DISTRICT - 680506.
4 THE MANAGER,
A.U.P SCHOOL, ORUMANAYOOR,
CHAVAKKAD - 689512, THRISSUR DISTRICT.
SMT NISHA BOSE SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 13446 OF 2022
3
JUDGMENT
Being aggrieved by the orders passed by the Assistant Educational
Officer denying the approval of the appointment of the petitioners herein, the
petitioners are stated to have preferred Exhibit P24 consolidated revision
petition before the 1st respondent, which is stated to be pending.
2. Sri. M. Sajjad, the learned counsel appearing for the petitioners
submits that though various other reliefs are sought in the writ petition, the
limited prayer at this stage is for issuance of a direction to the 1st
respondent to consider Exhibit P24 and to take a decision in an expeditious
manner, with due notice.
3. The learned Government Pleader on instructions submitted that
if Exhibit P24 has been received or registered and is in order, the same can
be considered and appropriate orders can be passed.
4. In the nature of the order that I propose to pass, notice to the
4th respondent is dispensed with.
5. 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:
WP(C) NO. 13446 OF 2022
a) There will be a direction to the 1st respondent to
take up, consider and pass appropriate orders on Ext.P24
consolidated revision petition, if the same has been filed and
registered, after affording an opportunity of being heard, either
physically or virtually, to the petitioners herein or their
authorized representatives and the 4th respondent.
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 petitioners 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
avs WP(C) NO. 13446 OF 2022
APPENDIX OF WP(C) 13446/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE G.O(P) NO. 28/2021/GEDN DATED 22.01.2021 OF THE GOVT.
Exhibit P2 TRUE COPY OF THE G.O(RT) NO. 3287/2021/G.EDN DATED 06.07.2021 OF THE GOVT.
Exhibit P3 TRUE COPY OF THE STAFF FIXATION ORDER 2019-2020 DATED 16.07.2019 OF THE AEO, CHAVAKKAD.
Exhibit P4 TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 15.07.2021.
Exhibit P5 TRUE COPY OF THE PRINT OUT SHOWING THE 1ST PETITIONERS APPOINTMENT REJECTED.
Exhibit P6 TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 01.06.2020.
Exhibit P7 TRUE COPY OF THE ORDER NO. C/4089/2020 DATED 11.09.2020 OF THE AEO, CHAVAKKAD.
Exhibit P8 TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 15.07.2021.
Exhibit P9 TRUE COPY OF THE ORDER NO.C/13241/2021 DATED 30.07.2021 OF THE AEO, CHAVAKKAD.
Exhibit P10 TRUE COPY OF THE ORDER NO.C/14044/2019/K.DIS DATED 21.12.2019 OF THE AEO, CHAVAKKAD.
Exhibit P11 TRUE COPY OF THE APPOINTMENT ORDER OF THE 3RD PETITIONER DATED 15.07.2021.
Exhibit P12 TRUE COPY OF THE ORDER NO. C/13238/2021 DATED 05.08.2021 OF THE AEO, CHAVAKKAD.
Exhibit P13 TRUE COPY OF THE APPOINTMENT ORDER OF THE 4TH PETITIONER DATED 15.07.2021.
WP(C) NO. 13446 OF 2022
Exhibit P14 TRUE COPY OF THE PRINT OUT SHOWING THE APPROVAL OF APPOINTMENT OF THE 4TH PETITIONER REJECTED.
Exhibit P15 TRUE COPY OF THE G.O(P) NO. 3/2019/G.EDN DATED 28.02.2019 OF THE GOVT.
Exhibit P16 TRUE COPY OF THE CIRCULAR NO.
J2/57/2019/G.EDN DATED 08.03.2019 OF THE GOVT.
Exhibit P17 TRUE COPY OF THE CONSOLIDATED REVISION PETITION FILED BEFORE THE 2ND RESPONDENT DATED 13.08.2021 (WITHOUT EXHIBITS).
Exhibit P18 TRUE COPY OF THE JUDGMENT IN WP(C) NO.
18493/2021 DATED 09.09.2021.
Exhibit P19 TRUE COPY OF THE ORDER NO.E3/10121/DGE DATED 21.02.2022 OF THE ADDITIONAL DIRECTOR (ACADEMIC) ATTACHED TO THE OFFICE OF THE 2ND RESPONDENT.
Exhibit P20 TRUE COPY OF THE LETTER NO.C/25757/2022 DATED 14.03.2022 OF THE AEO, CHAVAKKAD IN FAVOUR OF THE 1ST PETITIONER.
Exhibit P21 TRUE COPY OF THE LETTER NO.C/25756/2022 DATED 14.03.2022 OF THE AEO, CHAVAKKAD IN FAVOUR OF THE 2ND PETITIONER.
Exhibit P22 TRUE COPY OF THE LETTER NO.C/25755/2022 DATED 14.03.2022 OF THE AEO, CHAVAKKAD IN FAVOUR OF THE 3RD PETITIONER.
Exhibit P23 TRUE COPY OF THE LETTER NO.C/25754/2022 DATED 14.03.2022 OF THE AEO, CHAVAKKAD IN FAVOUR OF THE 4TH PETITIONER.
Exhibit P24 TRUE COPY OF THE CONSOLIDATED REVISION PETITION FILED BEFORE THE 1ST RESPONDENT BY THE PETITIONERS DATED 25.03.2022.
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