Angela Joseph vs State Of Kerala
2022 Latest Caselaw 7250 Ker

WP(C) NO. 20384 OF 2022       1



            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. 20384 OF 2022
PETITIONER/S:

          ANGELA JOSEPH
          AGED 52 YEARS
          W/O. THOMAS, NOW WORKING AS HSST (ENGLISH),
          ST. AUGUSTINE'S HIGHER SECONDARY SCHOOL,
          KALLOORKAD, ERNAKULAM DISTRICT, PIN - 686 668.

          BY ADV PAULSON THOMAS


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695 001.

    2     THE DIRECTOR OF GENERAL EDUCATION,
          GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA,
          JAGATHY, THIRUVANANTHAPURAM, PIN - 695 005.

    3     REGIONAL DEPUTY DIRECTOR,
          HIGHER SECONDARY EDUCATION,
          ERNAKULAM,
          EDAPPALLY,
          PIN 682 024.

    4     PRINCIPAL,
          ST. AUGUSTINE'S HIGHER SECONDARY SCHOOL, KALLOORKAD,
          ERNAKULAM DISTRICT, PIN 686 668.



          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. 20384 OF 2022               2




                                 JUDGMENT

The petitioner states that she is presently working as Higher Secondary

School Teacher (English) at St. Augustine's Higher Secondary School,

Kalloorkad. The grievance of the petitioner is that though she has completed

more than 17 years of service in the Higher Secondary section, she has not been

granted Higher Grade, either in the post of HSST (Junior) or in the post of HSST.

She contends that her request for grant of Higher Grade was rejected by the

Regional Deputy Director by Ext.P2 order relying on Ext.P5 order issued by the

Government in respect of another Higher Secondary School Teacher. It is

contended that there was no justification on the part of the concerned

respondent in relying on Ext.P5 which has no application in the facts and

circumstances of the case of the petitioner herein. Being aggrieved, the

petitioner is stated to have preferred Ext.P3 revision petition before the

Government which is pending.

2. When this matter came up for consideration, Sri. Paulson Thomas, the

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

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

consider Ext.P3 revision petition, uninfluenced by Ext.P5, and take a decision

within a time frame with due notice.

3. I have heard the learned Government Pleader. In the nature of the

order that I propose to pass, notice to the 4th 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 1st respondent to take up,

consider and pass appropriate orders on Ext.P3 revision petition,

uninfluenced by Ext.P5, after affording an opportunity of being

heard, either physically or virtually, to the petitioner herein or her

authorized representative 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 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) 20384/2022

PETITIONER(S) EXHIBITS :

Exhibit P1 TRUE COPY OF THE APPROVAL ORDER OF THE PETITIONER AS HSST W.E.F. 01-06-2011 TO 30-11-2015, DATED 07-10-2011.

Exhibit P1(a) TRUE COPY OF THE APPROVAL ORDER OF THE PETITIONER AS HSST FROM 01-12-2015 TO THE POST EXISTS DATED 06-04-2016.

Exhibit P2 TRUE COPY OF ORDER NO. A6/7486/ 2021/RDD/ HSE/EKM DATED 07-12-2021 ISSUED BY THE RDD, ERNAKULAM REJECTING HIGHER GRADE.

Exhibit P3 TRUE COPY OF THE REVISION PETITION DATED 31.05.2022.

Exhibit P4          TRUE COPY OF THE CIRCULAR NO.
                    44060/J2/11/GEDN DATED 26-09-2012.
Exhibit P5          TRUE COPY OF G.O.(RT.)NO.5516/2021/G.EDN.
                    DATED 30-11-2021.
Exhibit P6          TRUE COPY OF G.O.(MS)NO.62/1973/G.EDN.
                    DATED 02-05-1973.

RESPONDENT(S) EXHIBITS : NIL