Rajitha V.V vs The State Of Kerala
2023 Latest Caselaw 4911 Ker

          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. 14036 OF 2023
PETITIONER/S:

          RAJITHA V.V.
          AGED 38 YEARS
          W/O. HARISH, U.P. SCHOOL TEACHER, ANNUR U.P.
          SCHOOL, ANNUUR, PAYYANNOOR P.O., KANNUR DISTRICT -
          670 307, RESIDING AT KARAMMEL, ANNUUR, PAYYANNOOR
          P.O., KANNUR DISTRICT, PIN - 670307
          BY ADV DINESH KUMAR K.

RESPONDENT/S:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX-
          II, THIRUVANANTHAPURAM, PIN - 695001
    2     THE DIRECTOR OF GENERAL EDUCATION
          JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
    3     THE DEPUTY DIRECTOR OF EDUCATION
          PUZHATHI HOUSING COLONY, KANNUR, PIN - 670002
    4     THE DISTRICT EDUCATIONAL OFFICER
          THE DISTRICT EDUCATIONAL OFFICER MINI CIVIL
          STATION, TALIPARAMBA, KANNUR, PIN - 670141
    5     THE ASSISTANT EDUCATIONAL OFFICER
          PAYYANNOOR SUB DISTRICT PAYYANNOOR (P.O), KANNUR
          DISTRICT, PIN - 670307
    6     THE MANAGER
          ANNUR U.P. SCHOOL, ANNUUR, PAYYANNOOR P.O., KANNUR
          DISTRICT, PIN - 670307
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.14036/2023

                                    2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.14036 of 2023
             ----------------------------------------------
            Dated this the 13th day of April, 2023


                           JUDGMENT

This writ petition is filed with following prayers:

i. issue a writ of mandamus or other appropriate writ, order or direction commanding the 5 th Respondent to approve the appointment of the Petitioners and grant the attendant benefits forthwith;

ii. Issue a writ of mandamus or other appropriate writ, order or direction commanding the 1 st respondent to consider and issue orders on Exhibits P6 & P7 revision petitions which were filed by the Manager and the petitioner after affording an opportunity to hear the petitioner. iii. Dispense with filing of the translation of vernacular documents.

iv. 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. Aggrieved by the non-approval of the petitioner's

appointment, the petitioner and the 6 th respondent submitted WP(C).No.14036/2023

Exts.P6 and P7 before the 1st respondent. The grievance of the

petitioner is that the same is not considered.

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 1st respondent to

consider Exts.P6 and P7 within a time frame.

Therefore, this writ petition is disposed of in the

following manner:

1. The 1st respondent is directed to consider and

pass appropriate orders in Exts.P6 and P7, with

notice to the petitioner and the 6 th 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 a copy of this

writ petition before the 1st respondent for

compliance.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.14036/2023

APPENDIX OF WP(C) 14036/2023

PETITIONER EXHIBITS ExhibitP1 TRUE COPY OF THE APPOINTMENT ORDER NO.

AUPS/A-TS/2021 DATED 14/07/2021 OF THE MANAGER ExhibitP2 TRUE COPY OF THE ORDER NO.

C/14386/2021 DATED 22/12/2021 ISSUED BY THE 5TH RESPONDENT ExhibitP3 TRUE COPY OF THE APPEAL PETITION DATED 06/01/2022 SUBMITTED BY THE MANAGER BEFORE THE 4TH RESPONDENT ExhibitP4 TRUE COPY OF THE ORDER NO.

B5/197075/2022 DATED 24/01/2022 ISSUED BY THE 4TH RESPONDENT ExhibitP5 TRUE COPY OF THE ORDER NO.

G2/235445/2022 DATED 20/03/2023 ISSUED BY THE 2ND RESPONDENT ExhibitP6 TRUE COPY OF THE REVISION PETITION SUBMITTED TO THE 1ST RESPONDENT BY THE MANAGER, DATED 28/03/2023 ExhibitP7 TRUE COPY OF THE REVISION PETITION SUBMITTED TO THE 1ST RESPONDENT BY THE PETITIONER DATED 30/03/2023