Citation : 2023 Latest Caselaw 4652 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. 13326 OF 2023
PETITIONER:
DHANYA. M.P
AGED 37 YEARS
W/O SURESH P, HIGHER SECONDARY SCHOOL TEACHER (HINDI),
CHAPPARAPADAVA HIGHER SECONDARY SCHOOL, CHAPPARAPADAVA
P.O, KANNUR DIST., PIN-670581 RESIDING AT 'ADIDEVA',
KANDOTH P.O, KANNUR DIST., PIN - 670307
BY ADV MURALI PALLATH
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY
TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
GOVT. SECRETARIAT (ANNEX II),
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION, JAGATHI, THYCAUD P.O,
THIRUVANANTHAPURAM, PIN - 695014
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION, HIGHER SECONDARY EDUCATION REGIONAL OFFICE,
KANNUR, PAYYAMBALAM P.O, KANNUR DIST., PIN - 670002
4 THE MANAGER
CHAPPARAPADAVA HIGHER SECONDARY SCHOOL, CHAPPARAPADAVA
P.O, KANNUR DIST., PIN - 670581
SMT.NISHA BOSE, SR.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. 13326 OF 2023
2
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C)No. 13326 of 2023
----------------------------------------------
Dated this the 12th day of April, 2023
JUDGMENT
The above writ petition is filed with the following
prayers:
"(i) issue orders declaring that the post of HSST(Junior) Hindi in Chapparapadava Higher Secondary School is to be upgraded as HSST(Hindi) with retrospective effect from 2018-19 onwards and further declare that the petitioner is legally entitled for approval as HSST(Hindi) w.e.f 21.06.2018 onwards with all consequential benefits including arrear salary.
(ii) issue a writ of mandamus commanding the 1st respondent to consider and pass appropriate orders on Ext. P6 representation within a time limit as fixed by this Hon'ble Court after affording an opportunity of being heard to the petitioner.
(iii) Issue orders to dispense with filing of the translation of vernacular documents.
(iv) any other writ or order which this Hon'ble court deem fit in this case."[SIC] WP(C) NO. 13326 OF 2023
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 1st respondent to consider
Ext.P6 representation 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 within a time frame.
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
after giving an opportunity of hearing to the
petitioner, as expeditiously as possible, at any
rate, within a period of four months from the date
of receipt of a stamped certified copy of this
judgment.
WP(C) NO. 13326 OF 2023
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. 13326 OF 2023
APPENDIX OF WP(C) 13326/2023
PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF APPOINTMENT ORDER DATED 17.11.2011 ISSUED BY THE 4TH RESPONDENT EXHIBIT P2 TRUE COPY OF ORDER NO.A4/13996/2011(8) DATED 07.07.2012 OF THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, KOZHIKODE EXHIBIT P3 TRUE COPY OF APPOINTMENT ORDER DATED 21.06.2018 ISSUED BY THE 4TH RESPONDENT EXHIBIT P4 TRUE COPY OF ORDER NO.A2/412/2019 DATED 30.03.2019 ISSUED BY THE 3RD RESPONDENT EXHIBIT P5 TRUE COPY OF ORDER NO.
B2/6033/2022/D.DIS. DATED 15.09.2022 ISSUED BY THE 3RD RESPONDENT EXHIBIT P6 TRUE COPY OF REPRESENTATION DATED 26.03.2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT
RESPONDENT EXHIBITS: NIL
//TRUE COPY// PA TO JUDGE
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