Citation : 2023 Latest Caselaw 4637 Ker
Judgement Date : 12 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
WP(C) NO. 13371 OF 2023
PETITIONER:
DIANA K T
AGED 39 YEARS
WIFE OF IINU JUDE, LOWER PRIMARY SCHOOL TEACHER, HOLY
CROSS LOWER PRIMARY SCHOOL, KADALVATHURUTH, GOTHURUTH,
ERNAKULAM DISTRICT, PIN - 683516
BY ADV V.A.MUHAMMED
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
3 THE DISTRICT EDUCATIONAL OFFICFER
ALUVA, ERNAKULAM DISTRICT, PIN - 683101
4 THE ASSISTANT EDUCATIONAL OFFICER
NORTH PARAVUR, ERNAKULAM DISTRICT, PIN - 683513
5 THE CORPORATE MANAGER
DIOCESE OF KOTTAPPURAM, KODUNGALLUR,
THRISSUR DISTRICT, PIN - 680667
BY ADV.
SMT.SURYA BINOY, SENIOR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13371 OF 2023
2
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C)No. 13371 of 2023
----------------------------------------------
Dated this the 12th day of April, 2023
JUDGMENT
The above writ petition is filed with the following
prayers:
"(i) call for the records relating to Exhibits P-2 and P-3 and set aside the originals of the same by the issue of a writ of certiorari or appropriate writ or order.
(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 4th Respondent to grant approval to Exhibit P-1 and forthwith.
(iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondent to consider and pass appropriate orders upon Exhibit P-6 after affording an opportunity of being heard to the Petitioner within a time limit.
(iv) to dispense with filing of English translation of vernacular documents produced along with the Writ petition.
(v) pass such other order or direction which WP(C) NO. 13371 OF 2023
this Hon'ble Court may deem fit and proper to grant in the circumstances of the case."[SIC]
2. When this writ petition came up for
consideration, the counsel appearing for the petitioner
submitted that the petitioner will be satisfied if a
direction is issued to the 1 st respondent to consider
Ext.P6 within a time frame.
3. Heard the learned Government Pleader also.
4. After hearing both sides, I think this writ
petition itself can be disposed of directing the 1 st
respondent to consider Ext.P6 with notice to the
petitioner and the 5th respondent.
Therefore, this writ petition is disposed of in the
following manner:
i. The 1st respondent is directed to consider
and pass appropriate orders in Ext.P6 with notice
to the petitioner and the 5th respondent, as
expeditiously as possible, at any rate, within a
period of four months from the date of receipt of a WP(C) NO. 13371 OF 2023
stamped certified copy of this judgment.
ii. Petitioner will produce a stamped
certified copy of this judgment along with a copy of
this writ petition before the 1 st respondent for
compliance.
Sd/-
P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 13371 OF 2023
APPENDIX OF WP(C) 13371/2023
PETITIONER EXHIBITS EXHIBIT P-1 TRUE COPY OF THE APPOINTMENT ORDER DATED 06.06.2019 EXHIBIT P-2 TRUE COPY OF LETTER NO. C-870/2022 DATED 09.03.2023 OF THE 4TH RESPONDENT EXHIBIT P-3 TRUE COPY OF ORDER NO. B6/190282/ 2020 DATED 22.9.2020 OF THE 3RD RESPONDENT EXHIBIT P-4 TRUE COPY OF THE LETTER NO.
E2/233909/ 2021 DATED NIL OF THE ADDITIONAL DIRECTOR GENERAL OF EDUCATION (ACADEMIC) ATTACHED TO THE OFFICE OF THE 2ND RESPONDENT EXHIBIT P-5 TRUE COPY OF ORDER NO. C/40430/ 2023/D.DIS DATED 30.01.2023 OF THE 4TH RESPONDENT EXHIBIT P-6 TRUE COPY OF THE REVISION PETITION DATED 22.03.2023 SUBMITTED BEFORE THE GOVERNMENT EXHIBIT P-7 TRUE COPY OF G.O. (MS.) NO.
83/2018/G.EDN DATED 12.06.2018
RESPONDENT EXHIBITS: NIL
//TRUE COPY// PA TO JUDGE
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