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Raseena C.P vs The State Of Kerala
2022 Latest Caselaw 7459 Ker

Citation : 2022 Latest Caselaw 7459 Ker
Judgement Date : 24 June, 2022

Kerala High Court
Raseena C.P vs The State Of Kerala on 24 June, 2022
WP(C) NO. 3889 OF 2022                  1



             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                         WP(C) NO. 3889 OF 2022
PETITIONER:

            RASEENA C.P
            AGED 40 YEARS
            WIFE OF MOHAMMED ABBAS, UPST, AUP SCHOOL,
            IRUMBAKASSERY, THRITHALA, PALAKKAD DISTRICT,
            679 532, (RESIDING AT CHARUPADIKKAL HOUSE,
            TIRUNITTACODE P.O., PALAKKAD DISTRICT-679 533)

            BY ADVS.
            V.A.MUHAMMED
            P.A.JENZIA


RESPONDENTS:
    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
          EDUCATION DEPARTMENT , SECRETARIAT ANNEXE-11,
          THIRUVANANTHAPURAM-695 001.

     2      THE DISTRICT EDUCATIONAL OFFICER
            RAILWAY STATION ROAD, OTTAPALAM, PALAKKAD DISTRICT
            679 101

     3      THE ASSISTANT EDUCATIONAL OFFICER
            THRITHALA, PALAKKAD DISTRICT-679 134.

     4      THE MANAGER,
            AUP SCHOOL, IRUMBAKASSERY, THRITHALA, PALAKKAD
            DISTRICT-679 532.

     5      THE HEADMASTER,
            AUP SCHOOL, IRUMBAKASSERY, THRITHALA, PALAKKAD
            DISTRICT-679 532.

             SMT NISHA BOSE, SR GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   24.06.2022,   THE    COURT    ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 3889 OF 2022                 2




                                    JUDGMENT

The petitioner states that she was appointed as UPST in the AUP

School, Irumbakassery, with effect from 15.07.2021 against a retirement

vacancy. Being aggrieved by the rejection of approval, the petitioner is

stated to have preferred Ext.P9 revision petition. Prayer in this writ petition

is for a direction to the 1st respondent to consider Ext.P9 in the light of

Exts.P7 and P8 and take a decision expeditiously and with due notice.

2. I have heard Sri. M.Sajjad, the learned counsel appearing for

the petitioner and Smt.Nisha Bose, the learned Senior Government Pleader.

In view of the nature of the order that I propose to pass, notice to the

respondents 4 and 5 is dispensed with.

3. 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:

a) There will be a direction to the 1st respondent to take up,

consider and pass appropriate orders on Ext.P9 in the light of

Exts.P7 and P8, after affording an opportunity of being heard,

either physically or virtually, to the petitioner herein or her

authorized representative and respondents 4 and 5.

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 IAP

APPENDIX OF WP(C) 3889/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 15.7.2021

Exhibit P2 TRUE COPY OF THE STATEMENT OF CHANGE OF STAFF OF THE SCHOOL, DATED 15.7.2021

Exhibit P3 TRUE COPY OF THE ORDER NO.C/15204/2021 DATED 17.9.2021 OF THE AEO, THRITHALA

Exhibit P4 TRUE COPY OF THE ORDER NO.B4/195631/2021 DATED 5.11.2021 OF THE DEO, OTTAPPALAM

Exhibit P5 TRUE COPY OF THE GO(P) NO 3/2019/G.EDN DATED 28.2.2019

Exhibit P6 TRUE COPY OF THE GOVERNMENT CIRCULAR NO J2/57/2019/G.EDN DATED 8.3.2019

Exhibit P7 TRUE COPY OF THE GOVERNMENT LETTER NO 60930/J2/G.EDN DATED 25.10.2011

Exhibit P8 TRUE COPY OF THE JUDGMENT IN WA NO.2032/2018 DATED 12.3.2019

Exhibit P9 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 31.12.2021 (WITHOUT EXHIBITS)

RESPONDENTS' EXHIBITS:

NIL

 
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