Sajna.T.K vs The State Of Kerala
2023 Latest Caselaw 4862 Ker

WP(C) NO. 13750 OF 2023             1



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                          WP(C) NO. 13750 OF 2023
PETITIONER/S:

              SAJNA.T.K,
              AGED 30 YEARS
              UPST CRESENT HSS ADAKKAKUNDU KALIKAVU MALAPPURAM
              DIST, PIN - 676525

              BY ADV DINESH KUMAR K.


RESPONDENT/S:
    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 DEPUTY DIRECTOR OF EDUCATION
              OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
              MALAPPURAM, PIN - 676505

      4       THE DISTRICT EDUCATIONAL OFFICER
              VANDOOR, MALAPPURAM DISTRICT, PIN - 679328

      5       MANAGER
              CRESENT HSS ADAKKAKUNDU KALIKAVU, MALAPPURAM DIST,
              PIN - 676525


OTHER PRESENT:
          SMT.SURYA BINOY, SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 13750 OF 2023                      2




                      P.V.KUNHIKRISHNAN, J
                  ---------------------------------------
                    W.P.(C) No. 13750 of 2023
                   --------------------------------------
               Dated this the 13th day of April, 2023


                                    JUDGMENT

The above writ petition is filed with following prayers :

(i) "call for the records relating to Exhibit P-9 and set aside the original of the same by the issue of a writ of certiorari or other appropriate writ or order.

(ii) Issue a writ of mandamus or other appropriate writ, order or direction commanding the 5th Respondent to approve the appointment of the Petitioner and grant the attendant benefits forthwith.

(iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 4 Respondent to approve the appointment of the Petitioner from 10.07.2017 onwards and disburse the attendant benefits.

(iv) 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-10 after affording an opportunity of being heard to the Petitioner and within a time limit.

(v) dispense with production of English translation of vernacular documents.

(vi) 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. When this writ petition came up for consideration,

the learned counsel appearing for the petitioner submitted

that the petitioner will be satisfied if a direction is issued to

the 1st respondent to consider and pass orders in Ext.P10

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 1st respondent to

consider and pass orders in Ext.P10 with notice to the

petitioner and the 5th respondent within a time frame.

Therefore, this writ petition is disposed of with the

following directions :

1) The 1st respondent is directed to consider and pass

appropriate orders in Ext.P10 with notice to the petitioner

and the 5th respondent, as expeditiously as possible, at any

rate, within four months from the date of receipt of a

stamped certified copy of this judgment .

2) The petitioner will produce a stamped certified

copy of this judgment along with copy of this writ petition

before the 1st respondent for compliance.

sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 13750/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF G.O (RT) NO. 3172/14/G.EDN DATED 06.08.2014 OF THE 1ST RESPONDENT

Exhibit P2 TRUE COPY OF THE ORDER NO. EM (3) / 89247/2018/DPI/K.DIS DATED 13.12.2018 OF THE 2ND RESPONDENT

Exhibit P3 TRUE COPY OF APPOINTMENT ORDER DATED 10.07.2017 ISSUED BY THE 5TH RESPONDENT

Exhibit P4 TRUE COPY OF THE ORDER NO.A5/478/2017 (2) DATED 18.07.2018 ISSUED BY THE 4TH RESPONDENT

Exhibit P5 TRUE COPY OF G.O (MS) 275/99/G.EDN DATED 09.11.1999 OF THE 1ST RESPONDENT

Exhibit P6 TRUE COPY OF APPOINTMENT ORDER DATED 12.06.2018 ISSUED BY THE 5TH RESPONDENT

Exhibit P7 TRUE COPY OF ORDER NO. 01/2022/CHSS DATED 05.01.2022 ISSUED BY THE 5TH RESPONDENT

Exhibit P8 TRUE COPY OF APPLICATION DATED 26.12.2022 SUBMITTED BY THE 5TH RESPONDENT ADDRESSED TO 2ND RESPONDENT.

Exhibit P9 TRUE COPY OF ORDER DATED 17.03.2023 ISSUED BY 2ND RESPONDENT

Exhibit P10 TRUE COPY OF REVISION PETITION DATED 18.03.2023 SUBMITTED BEFORE THE 1ST RESPONDENT BY THE PETITIONER