Daisy Rodrigues vs State Of Kerala
2022 Latest Caselaw 7952 Ker

WP(C) NO. 21118 OF 2022            1




            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                    WP(C) NO. 21118 OF 2022


PETITIONER/S:

          DAISY RODRIGUES
          AGED 53 YEARS
          W/O. FRANCIS SIMATHY,
          LPST, (TEACHER IN CHARGE) LAIUPS,
          KADUKUTTY P.O.CHALKKUDY, THRISSUR-680315
          (RESIDING AT MALLAMAIPARAMBIL,
          KADUKUTTY.P.O THRISSUR (DT)- 680309)

          BY ADVS.
          T.T.MUHAMOOD
          A.RENJIT
          V.E.ABDUL GAFOOR
          A.MOHAMMED SAVAD
          NAZEER HUZAIN.H
          T.R.VISHNU
RESPONDENT/S:

    1     THE STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695001.

    2     THE DIRECTOR OF GENERAL OF EDUCATION
          DIRECTORATE OF GENERAL EDUCATION, JAGATHI,
          THIRUVANANTHAPURAM - 695014

    3     THE DEPUTY DIRECTOR OF EDUCATION,
          OFFICE OF THE DDE, ERNAKULAM CIVIL STATION,
          THRIKKAKARA, KAKKANAD, KERALA 682030

    4     THE DISTRICT EDUCATIONAL OFFICER,
          OFFICE OF THE DEO,
          IRINJALAKKUDA THRISSUR- 680121
 WP(C) NO. 21118 OF 2022             2


    5     THE ASSISTANT EDUCATIONAL OFFICER,
          OFFICE OF THE AEO, MALA, THRISSUR-680732.

    6     THE CHAIRMAN & CORPORATE MANAGER,
          CENTRAL BOARD OF ANGLO-INDIAN-EDUCATION,
          PERUMANOOR, KOCHI - 679536.



          SMT. NISHA BOSE, SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21118 OF 2022                     3



                                  JUDGMENT

The petitioner states that she is working as LPST in the LAIUPS,

Kadukutty. A vacancy of Headmistress arose in the said school on 01.04.2022

consequent to the retirement of a certain Smt. Cladin Dcruz and the petitioner,

being the senior-most, claimed that she is entitled to be promoted as

Headmistress. According to the petitioner, the 3rd respondent is now acting as

the Manager of the school. In the said circumstances, the petitioner is stated to

have preferred Ext.P4 representation before the 3rd respondent. Being

aggrieved by the delay in considering Ext.P4 representation, the petitioner is

before this Court.

2. Sri.T.T. Muhamood, the learned counsel appearing for the petitioner

submitted that the limited request of the petitioner at this stage is for issuance

of directions to the 3rd respondent to expeditiously consider Ext.P4 and pass

appropriate orders within a time frame.

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

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

the 6th 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 3rd respondent to take up,

consider and pass appropriate orders on Ext.P4, after affording

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

the petitioner herein or her authorised representative and

affected parties if any.

b) Orders, as directed above, shall be passed expeditiously, in any

event, within a period of four weeks 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) 21118/2022

PETITIONER(S) EXHIBITS :

Exhibit P1 TRUE COPY OF RELEVANT PAGES OF COMMON SENIORITY LIST OF UPSA & LPSA PROVISIONALLY APPROVED BY THE DEPARTMENT AS ON 01.01.2014.

Exhibit P2 TRUE COPY OF CERTIFICATE ID NO. 91773#1#6 ISSUED BY THE UNDER SECRETARY TO KERALA PUBLIC SERVICE COMMISSION ON 15.02.2019.

Exhibit P3 TRUE COPY OF CERTIFICATE ID NO. 91773#1#36 ISSUED BY THE UNDER SECRETARY TO KERALA PUBLIC SERVICE COMMISSION ON 15.02.2019.

Exhibit P4 TRUE COPY OF REPRESENTATION DATED 01.04.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

RESPONDENT(S) EXHIBITS : NIL