Citation : 2022 Latest Caselaw 2804 Ker
Judgement Date : 15 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Tuesday, the 15th day of March 2022 / 24th Phalguna, 1943
WP(C) NO. 12745 OF 2021
PETITIONER:
SOUMINI. G., AGED 54, W/O. MOHAN K.R., KRISHNAPRIYA, MINALOOR,
ATHANI POST, THRISSUR DISTRICT.
RESPONDENTS:
1. THE STATE OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. DIRECTOR OF GENERAL EDUCATION, JAGATHI P.O.,
THIRUVANANTHAPURAM-695014.
3. THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, AYANTHOL P.O.,
THRISSUR, PIN-680003.
4. DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD P.O., THRISSUR DISTRICT,
PIN-680506.
5. MANAGER, SREE NARAYANA TEACHER TRAINING INSTITUTE (SNTTI),
CHERUTHURUTHY P.O., THRISSUR DISTRICT, PIN-679121.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to:
(i) Direct the 1st respondent Secretary, General Education
Department to give all necessary instructions to respondents 2,3 and 4 to
compel the 5th respondent to implement the order of reinstation of the
petitioner forthwith, in a time limit stipulated by this Hon'ble Court;
(ii) Direct the 4th respondent to intimate necessary steps against
the 5th respondent for dereliction of statutory duty and non- compliance
of orders.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI. T.R.RAJEEV, Advocate for the petitioner, GOVERNMENT PLEADER for R1 to
R4 and of SRI. P.C.SASIDHARAN, Advocate for R5, the court passed the
following:
p.t.o
Exhibit P1:- TRUE COPY OF THE COMMON JUDGMENT DATED 20.10.2017 IN
WP(C) NO.8640/2008 AND WP(C) NO.28764/2009 OF THIS HON'BLE COURT.
Exhibit P4:- TRUE COPY OF THE ORDER DATED 9.11.2020 ISSUED BY THE
1ST RESPONDENT.
BECHU KURIAN THOMAS, J.
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W.P.(C) No.12745 of 2021
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Dated this the 15th day of March, 2022
ORDER
Even though the learned Government Pleader, upon
instructions submitted that the supernumerary post as directed by this
Court in Ext.P1 had been created, perusal of Ext.P4 reveals that instead of
creating a supernumerary post, the first respondent has only issued
directions to create a supernumerary post. The learned Government
Pleader seeks further time to get instructions as to whether, in fact, a
supernumerary post has been created by the Government pursuant to
Ext.P1.
Post after ten days.
Sd/-
BECHU KURIAN THOMAS, JUDGE RKM
15-03-2022 /True Copy/ Assistant Registrar
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