Citation : 2022 Latest Caselaw 7459 Ker
Judgement Date : 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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