Kerala High Court
Remadevi A vs State Of Kerala on 7 October, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
WP(C) NO. 31676 OF 2022
PETITIONER/S:
REMADEVI A.
AGED 55 YEARS
W/O.RADHAKRISHNAN,
PHYSICAL EDUCATION TEACHER, AUP SCHOOL,
CHANGALEERI, P.O.CHANGALEERI, MANNARKKAD,
PALAKKAD DISTRICT - 678595.
(NOW WORKING AT MOUNT CARMEL HS, MAMANNA)
BY ADVS.
LINDONS C.DAVIS
E.U.DHANYA
SWATHY A.P.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF GENERAL EDUCATION,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 DIRECTOR OF GENERAL EDUCATION,
(FORMERLY DIRECTOR OF PUBLIC INSTRUCTIONS)
JAGATHY, THIRUVANANTHAPURAM - 695 014.
3 DEPUTY DIRECTOR OF EDUCATION,
CIVIL STATION, PALAKKAD 678 001.
4 ASSISTANT EDUCATIONAL OFFICER,
NADAMALIGA ROAD, MANNARKKAD,
PALAKKAD -678 582.
5 MANAGER,
AUP SCHOOL, CHANGALEERI, P.O.MANNARKKAD,
PALAKKAD DISTRICT - 678595.
SMT NISHA BOSE SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 31676 OF 2022
2
JUDGMENT
The petitioner states that she is working as Physical Education Teacher in
the AUP School, Changaleeri, and continued as such till the academic year
2021-22. She is aggrieved by Exhibit P2 staff fixation and P5 Transfer Order,
and according to her, the same has been issued in violation of the provisions of
the Right to Education Act. The petitioner contends that, raising her grievances,
she has preferred Exhibit P6 revision petition before the 2nd respondent. The
prayer in this writ petition is for issuance of directions to the 2nd respondent to
consider the revision petition and take a decision.
2. I have heard Sri. Lindons C. Davis, the learned counsel appearing
for the petitioner and the learned Government Pleader and have considered the
submissions advanced.
3. In view of the order that I propose to pass, no prejudice would
be caused to the 5th respondent if notice 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:
WP(C) NO. 31676 OF 2022
a) There will be a direction to the 2nd respondent to take
up, consider and pass appropriate orders on Ext.P6, after
affording an opportunity of being heard, either physically or
virtually, to the petitioner herein or her authorized
representative and the 5th respondent.
b) Orders, as directed above, shall be passed
expeditiously, in any event, within 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
avs
WP(C) NO. 31676 OF 2022
APPENDIX OF WP(C) 31676/2022
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE APPOINTMENT ORDER AND APPROVAL
GRANTED THEREON DATED 02.11.1992.
Exhibit P2 A COPY OF THE STAFF FIXATION ORDER NO.DHE.THE
C/41015/2022 DATED 16.08.2022 OF THE 4TH
RESPONDENT .
Exhibit P3 A COPY OF THE GO (RT) NO.111/2017/G.EDN DATED
07.09.2017.
Exhibit P4 A COPY OF THE PETITION DATED 23.08.2022 SUBMITTED
BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
Exhibit P5 A COPY OF THE PROCEEDINGS ORDER
NO.DDEPKD/3675/2022 DATED 27.08.2022 OF THE DEPUTY
DIRECTOR OF EDUCATION, PALAKKAD.
Exhibit P6 A COPY OF THE REVISION PETITION DATED 24.09.2022
FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
