Hajara P vs State Of Kerala
2023 Latest Caselaw 5005 Ker

WP(C) NO. 13644 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. 13644 OF 2023
PETITIONER/S:

               HAJARA P
               AGED 35 YEARS
               DAUGHTER OF MOOSA ARABIC TEACHER, PALAYAD DSS L P
               SCHOOL, P.O. PATHIYARAKKARA, VADAKARA, KOZHIKODE
               DISTRICT, PIN - 673105

               BY ADV DINESH KUMAR K.


RESPONDENT/S:
     1    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
               MANANCHIRA, KOZHIKODE, PIN - 673001

      4        THE DISTRICT EDUCATIONAL OFFICER
               VADAKARA, KOZHIKODE DISTRICT, PIN - 673101

      5        THE ASSISTANT EDUCATIONAL OFFICER
               VADAKARA, KOZHIKODE DISTRICT, PIN - 673101


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. 13644 OF 2023                2


                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                     W.P.(C) No. 13644 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-6 and set aside the original of the same by the issue of a writ of certiorari or other appropriate writ or order.

(ii) call for the records relating to Exhibit P-3 and set aside the original of the same to the extent it declines approval of appointment on scale of pay basis in the post of Part-time Arabic Teacher by issue a writ of certiorari or other appropriate writ or order.

(iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 5 th Respondent to grant Full-time benefit of Language Arabic Teacher to the Petitioner with effect from 15.07.2018 along with attendant benefits forthwith.

(iv) 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-9 after affording an opportunity of being heard to the Petitioner and within a time limit.

(v) to dispense with filing of English translation of vernacular documents produced along with the Writ Petition.

(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 1 st

respondent to consider and pass orders in Ext.P9 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 and pass orders in Ext.P9 within a time frame with

notice to the petitioner.

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.P9 with notice to the petitioner, 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) 13644/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2015

Exhibit P2 2TRUE COPY OF THE G.O. (RT.) NO.5597/2019/G.EDN. DATED 21.12.2019

Exhibit P3 TRUE COPY OF THE ORDER NO.

RA(4)/71295/2017/DGE/D.DIS. DATED 4.6.2020 ISSUED BY THE 2ND RESPONDENT

Exhibit P4 TRUE COPY OF THE CIRCULAR NO.58604/J2/12/G.EDN. DATED 06.11.2012 ISSUED BY THE 1ST RESPONDENT

Exhibit P5 TRUE COPY OF THE STAFF FIXATION ORDER NO.

D.DIS.D/528/2020 DATED 18.09.2020 OF THE AEO, VADAKARA

Exhibit P6 TRUE COPY OF THE ORDER NO. D/ 5589/2020(2) DATED 31.05.2021 OF THE 5TH RESPONDENT

Exhibit P7 TRUE COPY OF THE G.O.(RT.) NO.3067/2020/G.EDN. DATED 12.11.2020 ISSUED BY THE 1ST RESPONDENT

Exhibit P8 TRUE COPY OF THE G.O. (RT.) NO.945/2021/G.EDN. DATED 02.02.2021 ISSUED BY THE 1ST RESPONDENT

Exhibit P9 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 21.02.2022