Citation : 2023 Latest Caselaw 5076 Ker
Judgement Date : 13 April, 2023
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. 13987 OF 2023
PETITIONER:
T. SHEETHAL JOSE.,
AGED 44 YEARS
W/O K.M. JOJU, UPSA, SNVUPS THALIKULAM,
VALAPPAD - THRISSUR, PIN - 680569
(RESIDING AT KOLLANNUR THANCHAPPAN HOUSE,
KANDASSANKADAVU, THRISSUR - 680 613),
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
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,
VALAPPAD, THRISSUR, PIN - 680567
4 THE MANAGER,
SNVUPS THALIKULAM, VALAPPAD - THRISSUR,
PIN - 680569
5 THE HEADMISTRESS,
SNVUPS THALIKULAM, VALAPPAD - THRISSUR,
PIN - 680569
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:
WP(C).No.13987/2023
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.13987 of 2023
----------------------------------------------
Dated this the 13th day of April, 2023
JUDGMENT
This writ petition is filed with following prayers:
i. call for the records relating to Exhibits P-5 and set aside the original of the same 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 directing the Respondent to approve the appointment covered by Exhibit P-
4.
iii. issue a writ of mandamus or other appropriate writ order or direction commanding the 1 st Respondent to take a decision on Exhibit P-7, duly taking notice of Exhibits P-8 to P-10 with notice to the Petitioner and in a time bound manner, pending disposal of the Writ Petition.
iv. to dispense with filing of English translation of vernacular documents produced along with the Writ Petition.
WP(C).No.13987/2023
v. 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 counsel for the petitioner submitted that the petitioner will
be satisfied if a direction is issued to the 1 st respondent to
consider Ext.P7 revision petition, taking note of the Exts.P8 to
P10, within a time frame.
3. Heard the learned counsel for the petitioner and
the learned Government Pleader.
4. After hearing both sides, I think the prayer in this
writ petition can be allowed.
Therefore, this writ petition is disposed of in the
following manner:
1. The 1st respondent is directed to consider and
pass appropriate orders in Ext.P7, with notice to
the petitioner and the 4th 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. While considering Ext.P7, the 1 st respondent will WP(C).No.13987/2023
also consider the applicability of Exts.P8 to P10.
3. 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.13987/2023
APPENDIX OF WP(C) 13987/2023
PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE ORDER OF THE ASSISTANT EDUCATIONAL OFFICER, VALAPPAD VIDE ORDER NO. G-157/2021 K.DIS DATED 10.01.2022 Exhibit P-2 TRUE COPY OF THE PROCEEDINGS OF THE ASSITANT EDUCATIONAL OFFICER, VALAPPAD VIDE ORDER NO. D.DIS/G 2573/2018 DATED 09.07.2018 Exhibit P-3 TRUE COPY OF THE PROCEEDINGS OF THE ASSISTANT EDUCATIONAL OFFICER, VALAPPAD VIDE ORDER NO. G/45412/2019 DATED 16.07.2019 Exhibit P-4 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2018 Exhibit P-4 (a) TRUE COPY OF THE LETTER OF THE MANAGER ADDRESSING THE ASSISTANT EDUCATIONAL OFFICER, VALAPPAD DATED 12.10.2018 Exhibit P-5 TRUE COPY OF THE ORDER OF THE ASSISTANT EDUCATIONAL OFFICER, VALAPPAD VIDE ORDER NO. G/2406/17 L.DIS DATED 25.01.2019 Exhibit P-6 TRUE COPY OF THE APPEAL SUBMITTED BY THE MANAGER BEFORE THE DIRECTOR OF PUBLIC INSTRUCTION DATED 18.03.2019 Exhibit P-7 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 03.03.2023 Exhibit P-8 TRUE COPY OF G.O(RT) NO.
4872/2019/G.EDN DATED 15.11.2019 Exhibit P-9 TRUE COPY OF G.O(RT) NO. 18/2020/G.EDN DATED 03.01.2020 Exhibit P-10 TRUE COPY OF G.O(RT) NO.
3256/2021/G.EDN DATED 05.07.2021
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