Kerala High Court
Simi V.P vs State Of Kerala on 13 April, 2023
WP(C) NO. 13788 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. 13788 OF 2023
PETITIONER/S:
SIMI V.P.
AGED 38 YEARS
W/O ELDHOSE P.K., LPST, EKM UP SCHOOL, VANIYAMPARA,
THRISSUR (RESIDING AT PADINJAPURATH HOUSE,
PATHANKALU, POOVANCHIRA P.O., THRISSUR - 680 652),
PIN - 680652
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 DISTRICT EDUCATIONAL OFFICER,
THRISSUR-, PIN - 680020
4 THE ASSISTANT EDUCATIONAL OFFICER,
THRISSUR EAST, THRISSUR DISTRICT, PIN - 680020
5 THE MANAGER,
EKM UP SCHOOL, VANIYAMPARA, THRISSUR, PIN - 680652
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. 13788 OF 2023 2
P.V.KUNHIKRISHNAN, J
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W.P.(C) No. 13788 of 2023
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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 Exhibits P-2 and P-5 and
set aside the originals of the same to the extend or denial of
salary from 19.07.2021 by the issue of a writ of certiorari or
appropriate writ or order.
(ii) issue a writ of mandamus or other appropriate writ
order or direction commanding the 2nd Respondent to take a
decision on Exhibit P-6, duly taking notice of Exhibits P-7 and
P-8 with notice to the Petitioner and in a time bound manner,
pending disposal of the Writ Petition.
(iii) to dispense with filing of English translation of
vernacular documents produced along with the Writ 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. 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 2nd respondent to consider and pass orders in Ext.P6 in the
light of Exts. P7 and P8.
3. Heard the learned Government Pleader also.
4. After hearing both sides, I think this writ petition
itself can be disposed of directing the 2 nd respondent to
consider and pass orders in Ext.P6 with notice to the
petitioner and the 5th respondent.
Therefore, this writ petition is disposed of with the
following directions :
1) The 2nd respondent is directed to consider and pass
appropriate orders in Ext.P6 with notice to the petitioner and
the 5th respondent, as expeditiously as possible, at any rate,
within three months from the date of receipt of a stamped
certified copy of this judgment .
2) While considering Ext.P6, the 2nd respondent will
consider the applicability of Exts.P7 and P8 also.
3) The petitioner will produce a stamped certified copy
of this judgment along with copy of this writ petition before
the 2nd respondent for compliance.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 13788/2023
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 19.07.2021
Exhibit P-2 TRUE COPY OF THE REJECTION ORDER SO
ISSUED BY THE AEO, THRISSUR EAST VIDE
ORDER NO. B1/15211/2021 DATED 08.10.2021
Exhibit P-3 TRUE COPY OF THE ORDER OF THE AEO,
THRISSUR EAST VIDE ORDER NO.
B/1459/2021/K.DIS DATED 28.01.2022
Exhibit P-4 TRUE COPY OF THE ORDER NO. B1/197236/2022
DATED 13.10.2022
Exhibit P-5 TRUE COPY OF ORDER IN THAT BEHALF VIDE
ORDER NO. B1/15211/2021 DATED 04.02.2023
ISSUED BY AEO, THRISSUR EAST
Exhibit P-6 TRUE COPY OF THE REVISION APPEAL REF NO.
A 175/2022-23 DATED 16.02.2023
Exhibit P-7 TRUE COPY OF THE G.O.(P) NO.
3/2019/G.EDN. DATED 28.02.2019
Exhibit P-8 TRUE COPY OF THE CIRCULAR NO.
J2/57/2019/G.EDN. DATED 08.03.2019
