Sajna T N vs The State Of Kerala
2022 Latest Caselaw 7806 Ker

Citation : 2022 Latest Caselaw 7806 Ker
Judgement Date : 28 June, 2022

Kerala High Court

Sajna T N vs The State Of Kerala on 28 June, 2022

WP(C) NO. 20995 OF 2022        1




            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944


                    WP(C) NO. 20995 OF 2022


PETITIONERS:

          SAJNA T N
          AGED 36 YEARS
          WIDOW OF MUHAMMED FAISY, (RESIDING AT THALAPPALLIL,
          NADAKKAL, ERATTUPETTA, KOTTAYAM DISTRICT - 686 121).

          BY ADVS.
          M.SAJJAD
          P.A.JENZIA



RESPONDENTS:


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

    2     THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM-695 014.

    3     THE DEPUTY DIRECTOR OF EDUCATION,
          PALACE ROAD, KOTTAYAM DISTRICT - 686 001.

    4     THE DISTRICT EDUCATIONAL OFFICER,
          KANJIRAPPALLY, KOTTAYAM DISTRICT - 686 506.

    5     THE ASSISTANT EDUCATIONAL OFFICER,
          ERATTUPETTA, KOTTAYAM DISTRICT - 686 121.

    6     THE HEADMISTRESS,
          MM MU M UP SCHOOL, KARAKKAD, ERATTUPETTA,
 WP(C) NO. 20995 OF 2022           2



             KOTTAYAM DISTRICT - 686 121.

     7       THE MANAGER,
             MM MU M UP SCHOOL, KARAKKAD, ERATTUPETTA,
             KOTTAYAM DISTRICT - 686121.




             SMT NISHA BOSE, SR GOVERNMENT PLEADER




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   28.06.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 20995 OF 2022                3



                                  JUDGMENT

Sri.Muhammed Faisy, the husband of the petitioner, passed away while

working as UPSA in the MM MU M UP School, an aided school managed by

the 7th respondent. The grievance of the petitioner concerns the denial of

approval of the appointment of late Muhammed Faisy from 16.07.2007

onwards. The petitioner asserts that the DEO by Ext.P9 order has rejected

the claim of the petitioner on the ground that a protected teacher had to be

appointed against the vacancy in which late Muhammed Faisy was

accommodated. Being aggrieved, the petitioner is stated to have preferred

Ext.P16 revision petition before the Government which is stated to be

pending. It is in the afore circumstances, that this writ petition is filed

seeking directions.

2. Sri.M.Sajjad, the learned counsel appearing for the petitioner

submits that directions be issued to the 1st respondent to consider Ext.P16

revision petition adverting to Exts.P8 and P10 to P14, expeditiously.

3. I have heard Smt.Nisha Bose, the learned Senior Government

Pleader and have considered the submissions advanced. In the nature of the

order that I propose to pass, notice to the respondents 6 and 7 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 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.P16 revision petition

adverting to Exts.P8 and P10 to P14, after affording an

opportunity of being heard, either physically or virtually, to the

petitioner herein or her authorized representative and the

respondents 6 and7.

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 to ensure compliance.