Pabitha Poulose vs The State Of Kerala
2023 Latest Caselaw 4680 Ker

                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. 13103 OF 2023
PETITIONER:

          PABITHA POULOSE
          AGED 41 YEARS
          D/O. N.P. POULOSE, UPPER PRIMARY SCHOOL TEACHER (UPST),
          ST. JOSEPH'S U P SCHOOL, KOONAMMAVU, NORTH PARAVUR,
          ERNAKULAM DISTRICT, PIN - 683518
          BY ADV V.A.MUHAMMED


RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
          THIRUVANANTHAPURAM, PIN - 695001
    2     THE DIRECTOR OF GENERAL EDUCATION
          JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
    3     THE ASSISTANT EDUCATIONAL OFFICER
          NORTH PARAVUR, ERNAKULAM DISTRICT, PIN - 683513
    4     THE MANAGER
          CORPORATE EDUCATIONAL AGENCY, VIMALA PROVINCE,
          KACHERIPADY, ERNAKULAM, PIN - 682018
    5     THE HEADMASTER
          ST. JOSEPH'S U.P. SCHOOL, KOONAMMAVU,
          ERNAKULAM DISTRICT, PIN - 683518
OTHER PRESENT:

          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. 13103 OF 2023
                                 2



                P.V.KUNHIKRISHNAN, J.
              ===================
               WP(C) No. 13103 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 Exhibit P-8 and set aside the original 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 3 rd respondent to grant approval to Exhibit P-1 and disburse the attendant benefits forthwith.

iii) Issue a writ of mandamus or other appropriate writ order or direction commanding the 1 st respondent to consider and pass appropriate orders upon Exhibit P-11 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 this Hon'ble Court may deem fit and proper to grant in the circumstances of the case." (SIC)

2. The petitioner's appointment is not approved as WP(C) NO. 13103 OF 2023

per Ext.P8 order stating that the petitioner is over aged.

Aggrieved by the same, the petitioner submit Ext.P11 before

the 1st respondent. The grievance of the petitioner is that

the same is not considered. Hence, this writ petition is filed.

3. Heard the learned Counsel for the petitioner and

the learned Government Pleader.

4. After hearing both sides, I think this writ petition

itself can be disposed of directing the 1 st respondent to

consider and pass appropriate orders in Ext.P11 with notice

to the petitioner and the 4th respondent.

Therefore, this writ petition is disposed of with the

following directions;

i. The 1st respondent is directed to consider and pass

appropriate orders in Ext.P11, as expeditiously as possible,

at any rate, within a period of four months from date of

receipt of a copy of the judgment,

ii. Before passing final orders, the 1 st respondent will

give an opportunity of hearing to the petitioner and 4 th

respondent.

WP(C) NO. 13103 OF 2023

iii. The petitioner will produce a certified copy of this

judgment before the 1st respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE LU WP(C) NO. 13103 OF 2023

APPENDIX OF WP(C) 13103/2023

PETITIONER EXHIBITS:

EXHIBIT P-1 TRUE COPY OF THE APPOINTMENT ORDER DATED 22/11/2022 OF THE PETITIONER EXHIBIT P-2 TRUE COPY OF THE RELEVANT PAGE OF THE SSLC BOOK ALONG WITH MARK LIST EXHIBIT P-3 TRUE COPY OF THE B.SC DEGREE IN MATHEMATICS CERTIFICATE OF THE CALICUT UNIVERSITY DATED 09.08.2002 EXHIBIT P-4 TRUE COPY OF THE B.ED DEGREE CERTIFICATE OF CALICUT UNIVERSITY DATED 20.07.2004 EXHIBIT P-5 TRUE COPY OF THE K-TET CERTIFICATE DATED 25/06/2018 EXHIBIT P-6 TRUE COPY OF THE CERTIFICATE FOR THE PERSONS WITH DISABILITIES DATED 13/11/2013 EXHIBIT P-7 TRUE COPY OF HER UNIQUE DISABILITY ID DATED 28/02/2020 LINKED WITH AADHAAR EXHIBIT P-8 TRUE COPY OF THE ORDER NO. C/39549/ 2022/D.DIS DATED 03/02/2023 OF THE AEO, NORTH PARAVUR EXHIBIT P-9 TRUE COPY OF THE EXTRACT OF GENERAL CONDITIONS CLAUSE 2 (VII) OF PART II OF GENERAL CONDITIONS PUBLISHED BY THE KERALA PUBLIC SERVICE COMMISSION EXHIBIT P-10 TRUE COPY OF THE G.O. (P) NO.

46/2008/SWD DATED 19/07/2008 EXHIBIT P-11 TUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE GOVERNMENT DATED 13.03.2023

// True Copy // PA To Judge