C.M.Bindu vs The State Of Kerala
2022 Latest Caselaw 5899 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
        TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                        WP(C) NO. 17577 OF 2022
PETITIONER/S:

            C.M.BINDU
            AGED 41 YEARS
            W/O.RAJEEV MANIKOTH, HIGH SCHOOL ASSISTANT (ENGLISH),
            MATTANNUR HIGHER SECONDARY SCHOOL, MATTANNUR,
            THALASSERY EDUCATIONAL DISTRICT, KANNUR - 670 702.

            BY ADVS.
            V.A.MUHAMMED
            M.SAJJAD


RESPONDENT/S:

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

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

    3       THE DEPUTY DIRECTOR OF EDUCATION
            KANNUR - 670 002.

    4       THE DISTRICT EDUCATIONAL OFFICER
            THALASSERY, KANNUR DISTRICT - 670 101.

    5       THE MANAGER
            MATTANNUR HIGHER SECONDARY SCHOOL, MATTANNUR,
            THALASSERY EDUCATIONAL DISTRICT, KANNUR - 670 702.

    6       THE PRINCIPAL
            MATTANNUR HIGHER SECONDARY SCHOOL, MATTANNUR,
            THALASSERY EDUCATIONAL DISTRICT, KANNUR - 670 702.

    7       THE VICE PRINCIPAL
            MATTANNUR HIGHER SECONDARY SCHOOL, MATTANNUR,
            THALASSERY EDUCATIONAL DISTRICT, KANNUR - 670702.
   WP(C) NO. 17577 OF 2022          2



           SMT NISHA BOSE, SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17577 OF 2022            3




                            JUDGMENT

Claiming that the petitioner is entitled to get promotion as

HSA (English) with effect from 29.1.2011 against the leave

vacancy of one Pavithran Mavila and consequential benefits, the

petitioner has approached this Court and pursuant to the

directions, the DEO has issued orders rejecting the claim of the

petitioner. Challenging the aforesaid order, the petitioner is

stated to have preferred Ext.P10 revision petition before the 2nd

respondent which is stated to be pending.

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

petitioner submitted that the limited request of the petitioner is

for the 2nd respondent to consider Ext.P10 in the light of Exts.P6

to P9 and take a decision in an expeditious manner.

3. The learned Government Pleader on instructions

submits that if Ext.P10 is registered and is pending, a decision

can be taken within a period of four months.

4. In view of the limited nature of the relief sought for,

notice to the respondents 5 to 7 is dispensed with.

5. 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 2nd respondent to

take up, consider and pass appropriate orders on

Ext.P10, in the light of Exts.P6 to P9, after affording

an opportunity of being heard, either physically or

virtually, to the petitioner herein or her authorised

representative and the party respondents.

b) Orders, as directed above, shall be passed

expeditiously, in any event, within a period of four

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.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V,

JUDGE

sru

APPENDIX OF WP(C) 17577/2022

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE G.O.(RT) NO.352/2011/G.EDN. DATED 25/01/2011.

Exhibit P2 TRUE COPY OF THE G.O.(RT) NO.4933/2012/G.EDN. DATED 12/10/2012.

Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 29/05/2015.

Exhibit P4 TRUE COPY OF THE ORDER NO.B4/7137/2018/D.DIS. DATED 03/09/2018 OF THE DEO.

Exhibit P5 TRUE COPY OF THE ORDERS VIDE NO.B1/3934/2021/D.DIS. DATED 11/04/2022 OF THE DEO.

Exhibit P6 TRUE COPY OF THE GO(RT) NO.4026/2021/G.EDN.

DATED 13/09/2021.

Exhibit P7 TRUE COPY OF THE DECISION REPORTED IN 2004 KHC 1823 - 2004 (11) SCC 210.

Exhibit P8 TRUE COPY OF THE DECISION REPORTED IN 1985 KHC 62 - 1985 KLT 269.

Exhibit P9 TRUE COPY OF THE DECISION REPORTED IN 2011 (3)KHC 275.

Exhibit P10 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 09/05/2022.

RESPONDENTS EXHIBITS : NIL