Vinodan N.K vs State Of Kerala
2023 Latest Caselaw 5044 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. 14119 OF 2023
PETITIONER/S:
          VINODAN N.K., AGED 56 YEARS
          S/O KELAPPAN N.K., LPST, BHOOMIVATHUKKAL MLP
          SCHOOL, KODIYURA P.O., KOZHIKODE DISTRICT
          (RESIDING AT NELLIKKUNNUMMAL HOUSE, THINNOOR
          P.O., KOZHIKODE DISTRICT - 673 507), PIN - 673506
          BY ADVS.
          V.A.MUHAMMED
          M.SAJJAD
          P.A.JENZIA
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 ASSISTANT EDUCATIONAL OFFICER,
          NADAPURAM , KOZHIKODE, PIN - 673506
    4     THE MANAGER,
          BHOOMIVATHUKKAL MLP SCHOOL, KODIYURA P.O.,
          KOZHIKODE DISTRICT =, PIN - 673506
    5     SMT. P.LAILA,
          TEACHER IN CHARGE, BHOOMIVATHUKKAL MLP SCHOOL,
          BHEEMIVATHUKKAL, KODIYURA P.O., KOZHIKODE
          DISTRICT -, PIN - 673506
OTHER PRESENT:
          SMT.NISHA BOSE, SR.GP
     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   13.04.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                       2-
W.P.(C). No. 14119 of 2023



                             P.V.KUNHIKRISHNAN, J.
                             ======================================================

                              W.P.(C) No. 14119 of 2023
                         =============================================================

                     Dated this the 13th day of April, 2023

                                          JUDGMENT

The above writ petition is filed with following prayers:

"(i) declare that the Petitioner is entitled to get approval as Headmistress w.e.f 01.04.2023 and also the attendant benefits.

(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to appoint and approve the Petitioner as the Headmistress w.e.f 01.04.2023 and disburse her entire monetary benefits in the said cadre.

(iii) to dispense with filing of English translation of vernacular documents produced in the Petition.

(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. The case of the petitioner is that the petitioner is fully

qualified for the post of Headmistress in the 4th respondent

school. The grievance of the petitioner is that without

considering the claim of the petitioner, the 5 th respondent is 3-

W.P.(C). No. 14119 of 2023

appointed as teacher-in charge. The petitioner is going to be

retired on 31.05.2023. In such situation, the petitioner submitted

Ext.P3 before the 3rd respondent. The grievance of the petitioner

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

3. Heard the counsel for the petitioner and the

Government Pleader. No notice is necessary to the 5 th respondent

at this stage, and if the 5th respondent is aggrieved by any of the

directions in this judgment, the 5th respondent is free to file a

review petition before this Court.

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

can be disposed of directing the 3rd respondent to consider Ext.P3

within a time frame, and if the approval of the 5th respondent as

teacher in charge is not sanctioned as on today, the same will be

deferred till a decision is taken in Ext.P3.

Therefore, this writ petition is disposed of in the following

manner:

4-

W.P.(C). No. 14119 of 2023

1. The 3rd respondent is directed to consider and pass appropriate orders in Ext.P3, as expeditiously as possible, at any rate, within one month from the date of receipt of a stamped certified copy of this judgment, with notice to the petitioner and respondents 4 and 5.

2. If the approval of the 5th respondent as teacher in charge is not sanctioned as on today, the proposal for sanctioning will be deferred till a decision is taken in Ext.P3.

3. The petitioner will produce a stamped certified copy of this judgment together with a copy of this writ petition before the 3rd respondent for compliance.

sd/-

P.V.KUNHIKRISHNAN JUDGE das 5-

W.P.(C). No. 14119 of 2023

APPENDIX OF WP(C) 14119/2023

PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE SENIORITY LIST STAFF STATEMENT DATED 25.01.2022 Exhibit P-2 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE MANAGER DATED 25.03.2023 Exhibit P-3 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE AEO, NADAPURAM DATED 25.03.2023 Exhibit P-4 TRUE COPY OF G.O (P) NO. 19/2020/G.EDN DATED 23.12.2020 Exhibit P-5 TRUE COPY OF G.O (P) NO.1/2021/G.EDN.

DATED 05.01.2021 Exhibit P-6 TRUE COPY OF THE G.O(RT) NO. 242/2020 G.EDN DATED 15.01.2020 Exhibit P-7 TRUE COPY OF JUDGMENT IN W.A NO.

123/2021 DATED 05.01.2022