The Manager vs State Of Kerala
2023 Latest Caselaw 5089 Ker

WP(C) NO. 13765 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. 13765 OF 2023
PETITIONER/S:

      1       THE MANAGER
              AGED 52 YEARS
              MSP HIGHER SECONDARY SCHOOL, UP HILL, MALAPPURAM.,
              PIN - 676505

      2       AKHILA RAVEENDRAN. P.
              AGED 36 YEARS
              UPPER PRIMARY SCHOOL TEACHER, MSP HIGHER SECONDARY
              SCHOOL, UP HILL, MALAPPURAM., PIN - 676505

      3       ANUPAMA M PALAT
              AGED 29 YEARS
              HIGH SCHOOL TEACHER (ENGLISH), MSP HIGHER
              SECONDARY SCHOOL, UP HILL, MALAPPURAM., PIN -
              676505

      4       ANAKHA K
              AGED 29 YEARS
              UPPER PRIMARY SCHOOL TEACHER, MSP HIGHER SECONDARY
              SCHOOL, UP HILL, MALAPPURAM., PIN - 676505

      5       PRADOSH GANAPATHI E
              AGED 31 YEARS
              HIGH SCHOOL TEACHER (MATHS), MSP HIGHER SECONDARY
              SCHOOL, UP HILL, MALAPPURAM., PIN - 676505

      6       MUHAMMED MUBASHIR. T
              AGED 28 YEARS
              L.G. ARABIC, MSP HIGHER SECONDARY SCHOOL, UP HILL,
              MALAPPURAM., PIN - 676505

      7       NABEELA C. H
              AGED 29 YEARS
              HIGH SCHOOL ASSISTANT (MALAYALAM), MSP HIGHER
 WP(C) NO. 13765 OF 2023                  2


              SECONDARY SCHOOL, UP HILL, MALAPPURAM., PIN -
              676505

              BY ADVS.
              M.U.VIJAYALAKSHMI
              K.JAJU BABU (SR.)
              BRIJESH MOHAN



RESPONDENT/S:

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

      2       THE DIRECTOR OF GENERAL EDUCATION
              DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
              THIRUVANANTHAPURAM., PIN - 695014

      3       THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM
              OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, DOWN
              HILL, MALAPPURAM., PIN - 676505

      4       THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM
              OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, UP
              HILL, MALAPPURAM., PIN - 676505

              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. 13765 OF 2023              3


                      P.V.KUNHIKRISHNAN, J
                  ---------------------------------------
                    W.P.(C) No. 13765 of 2023
                   --------------------------------------
               Dated this the 13th day of April, 2023


                               JUDGMENT

The above writ petition is filed with following prayers :

(i) "Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to consider and pass orders on Ext. P10 representation preferred by the 1st petitioner without delay;

(ii) issue such other and further orders which this Hon'ble Court may deem just and proper in the facts and circumstances of the case; and

(iii) award costs to the petitioners.

(iv) petitioners may be permitted to dispense with the filing of translation of the vernacular documents;" [SIC]

2. When this writ petition came up for consideration,

the learned counsel appearing for the petitioners submitted

that the petitioners will be satisfied if a direction is issued to

the 1st respondent to consider and pass orders in Ext.P10

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.P10 with notice to the

petitioners.

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.P10 with notice to the petitioners,

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 petitioners 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) 13765/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF ORDER NO. G3-16065/2021/M DATED 1.02.2022 ISSUED BY THE 1ST PETITIONER

Exhibit P2 TRUE COPY OF APPOINTED ORDER DATED 1.6.2022 ISSUED BY THE 1ST PETITIONER TO THE 2ND PETITIONER

Exhibit P3 TRUE COPY OF THE ORDER NO. G3-

16065/2021/M (2) DATED 1.2.2022 ISSUED BY THE 1ST PETITIONER TO THE 3RD PETITIONER

Exhibit P4 TRUE COPY OF THE ORDER NO. G3-

16065/2021/M DATED 22.9.2022 ISSUED BY THE 1ST PETITIONER TO THE 4TH PETITIONER

Exhibit P5 TRUE COPY OF ORDER NO. G3-16065/2021/M DATED 1.2.2023 ISSUED BY THE 1ST PETITIONER TO THE 5TH PETITIONER

Exhibit P6 TRUE COPY OF ORDERS DATED 1.2.2022 ISSUED BY THE 1ST PETITIONER APPOINTING THE 6TH PETITIONER AS L.G. ARABIC TEACHER

Exhibit P7 TRUE COPY OF ORDERS DATED 1.2.2022 ISSUED BY THE 1ST PETITIONER APPOINTING THE 7TH PETITIONER AS HIGH SCHOOL TEACHER (MALAYALAM)

Exhibit P8 TRUE COPY OF ORDER NO. B3/33926/2022 DATED 7.4.2022 OF THE 4TH RESPONDENT

Exhibit P9 TRUE COPY OF ORDER NO. B2/217371/2022 DATED 16.8.2022 OF THE 3RD RESPONDENT

Exhibit P10 TRUE COPY OF REPRESENTATION DATED 31.3.2023 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT