Vismaya George vs State Of Kerala
2023 Latest Caselaw 5067 Ker

WP(C) NO. 13793 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. 13793 OF 2023
PETITIONER/S:

              VISMAYA GEORGE
              AGED 26 YEARS
              W/O NEVIN D'COUTH , PULITHARA HOUSE,
              PONNARIMANGALAM, MULAVUKAD P.O, ERNAKULAM, PIN -
              682504

              BY ADVS.
              S.K.ADHITHYAN
              BALAMURALI KRISHNA M.



RESPONDENT/S:

      1        STATE OF KERALA
               REPRESENTED BY SECRETARY, GENERAL EDUCATION
               DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
               695001

      2        DIRECTOR OF GENERAL EDUCATION
               DIRECTORATE OF GENERAL EDUCATION, DPI JUNCTION,
               JAGATHY, THIRUVANANTHAPURAM, PIN - 695014

      3        DEPUTY DIRECTOR OF EDUCATION
               OFFICE OF THE DEPUTY DIRECTORATE OF EDUCATION,
               CIVIL STATION, KAKKANAD P.O, ERNAKULAM,, PIN -
               682030

      4        DISTRICT EDUCATION OFFICER
               MINI CIVIL STATION, ANNEXE, PERIYAR NAGAR, ALUVA,
               PIN - 683101

      5        ST.THOMAS HIGHER SECONDARY SCHOOL
               ST.THOMAS CORPORATE EDUCATIONAL
               AGENCY,MALAYATOOR,ERNAKULAM.REP BY ITS MANAGER, PIN
               - 683587
 WP(C) NO. 13793 OF 2023                  2


      6        THE MANAGER
               ST.THOMAS HIGHER SECONDARY SCHOOL,ST.THOMAS
               CORPORATE EDUCATIONAL AGENCY,
               MALAYATOOR,ERNAKULAM,, PIN - 683587

               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:
 WP(C) NO. 13793 OF 2023                 3




                      P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                     W.P.(C) No. 13793 of 2023
                    --------------------------------------
                Dated this the 13th day of April, 2023


                                  JUDGMENT

The above writ petition is filed with following prayers :

(i) To issue an order declaring that appointment of the petitioner as UPST in 5th respondent school is approved from 22/7/2021;

(ii) to issue a Writ of mandamus order, writ or direction, directing the respondents to issue appropriate orders disbursing the salary of the petitioner from 22/7/2021 in the post of UPST

(iii) to issue a Writ of mandamus order, writ or direction, directing the 1" respondent to take a decision on Ext. P7 within a time frame as may be fixed by this Hon'ble Court.

(iv) to issue a direction to dispense with the filing of English translated copy of the documents that are in vernacular language;

(v) to issue such other appropriate Writ. Order or direction as is deemed just and necessary 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 Ext.P7 revision filed by the 6 th

respondent 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 Ext.P7 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.P7 with notice to the petitioner and

the 6th 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) 13793/2023

PETITIONER EXHIBITS

Exhibit P1 . TRUE COPY OF THE APPOINTMENT ORDER DATED 22/7/2021 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER

Exhibit P2 TRUE COPY OF THE ORDER NO. B5/28720/2021 DATED 10/8/2021 ISSUED BY THE 4TH RESPONDENT

Exhibit P3 TRUE COPY OF THE APPEAL DATED 22/9/2021 FILED Y THE 6TH RESPONDENT BEFORE THE 3RD RESPONDENT

Exhibit P4 . TRUE COPY OF THE ORDER ISSUED AS ORDER NO. B3/214554/2021 DATED 13/4/2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

Exhibit P5 TRUE COPY OF THE REVISION DATED 26/4/2022 FILED BY THE 6TH RESPONDENT BEFORE THE 2ND RESPONDENT

Exhibit P6 TRUE COPY OF THE ORDER NO.

EC4/236718/2022/DGE/K.DIS DATED 29/10/2022 ISSUED BY THE 2ND RESPONDENT

Exhibit P7 TRUE COPY OF THE REVISION DATED 17/11/2022 FILED BY THE 6TH RESPONDENT BEFORE THE 1ST RESPONDENT