Kerala High Court
Lovely Anna Alex vs The State Of Kerala on 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. 13555 OF 2023
PETITIONER:
LOVELY ANNA ALEX
AGED 54 YEARS
WIFE OF ANIL THOMAS ABRAHAM, HEADMISTRESS, ST. JOHN'S
L.P. SCHOOL, ERAVIPEROOR, P.O. ERAVIPEROOR,
PATHANAMTHITTA DISTRICT, PIN - 689542
BY ADV V.A.MUHAMMED
RESPONDENTS:
1 THE 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
THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689101
4 THE ASSISTANT EDUCATIONAL OFFICER
PULLAD, PATHANAMTHITTA DISTRICT, PIN - 689548
5 THE MANAGER
ST. JOHN'S L.P. SCHOOL, ERAVIPEROOR, P.O. ERAVIPEROOR,
PATHANAMTHITTA DISTRICT, PIN - 689542
BY ADV.
SMT.NISHA BOSE, SENIOR 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. 13555 OF 2023
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C)No. 13555 of 2023
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Dated this the 13th day of April, 2023
JUDGMENT
The above writ petition is filed with the following
prayers:
"(i) call for the records relating to Exhibit P-8
and set aside the original of the same by the issue of a
writ of certiorari or other appropriate writ or order.
(ii) issue a writ of mandamus or other
appropriate writ, order or direction commanding the
4th Respondent AEO to grant approval to the
appointment of the Petitioner as Headmistress vide
Exhibit P-1 forthwith.
(iii) issue a writ of mandamus or other
appropriate writ, order or direction commanding the
1st Respondent to consider and pass appropriate
orders upon Exhibit P-9 after affording an opportunity
of being heard to the Petitioner forthwith, pending
disposal of the Writ Petition.
(iv) dispense with filing of English translation
of vernacular documents produced along with the Writ
Petition.
(v) pass such other order or direction which
this Hon'ble Court may deem fit and proper to grant
WP(C) NO. 13555 OF 2023
in the circumstances of the case. "[SIC]
2. When this writ petition came up for
consideration, the counsel appearing for the petitioner
submitted that the petitioner will be satisfied if a
direction is issued to the 1st respondent to consider
Ext.P9 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 Ext.P9 within a time frame.
Therefore, this writ petition is disposed of in the
following manner:
i. The 1st respondent is directed to consider
and pass appropriate orders in Ext.P9 with notice to
the petitioner and 5th respondent, as expeditiously as
possible, at any rate, within a period of four months
from the date of receipt of a stamped certified copy
of this judgment.
ii. While considering Ext.P9 revision, the 1 st
WP(C) NO. 13555 OF 2023
respondent will also consider the applicability of
Exts.P10 to P15.
iii. 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
DM JUDGE
WP(C) NO. 13555 OF 2023
APPENDIX OF WP(C) 13555/2023
PETITIONER EXHIBITS
EXHIBIT P-1 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 04.01.2021
EXHIBIT P-2 TRUE COPY OF THE COVERING LETTER OF
THE MANAGER DATED 15.01.2021
EXHIBIT P-3 TRUE COPY OF THE QUERY IN THAT BEHALF
(NO. X.NDIS./2021DATED 16.01.2021 OF
THE AEO
EXHIBIT P-4 TRUE COPY OF THE COVERING LETTER
DATED 18.01.2021 OF THE MANAGER
EXHIBIT P-5 TRUE COPY OF THE ORDER NO.
B/214/2021/N.DIS DATED 29.01.2021 OF
THE AEO
EXHIBIT P-6 TRUE COPY OF THE ORDER NO.
B5/191/2021/K.DIS. DATED 30.05.2022
OF THE DEO THIRUVALLA
EXHIBIT P-7 TRUE COPY OF THE PROPOSAL SENT TO THE
AEO THROUGH SAMANWAYA
EXHIBIT P-8 TRUE COPY OF THE ORDER NO.
B/33695/2022 DATED 01.03.2023 OF THE
AEO, PULLAD
EXHIBIT P-9 TRUE COPY OF THE REVISION PETITION
FILED BEFORE THE GOVERNMENT DATED
10.03.2023
EXHIBIT P-10 TRUE COPY OF THE G.O. (RT.) NO.
95/2019/GEDN DATED 10.01.2019
EXHIBIT P-11 TRUE COPY OF THE G.O. (RT.) NO.
1818/2019/GEDN DATED 21.05.2019
EXHIBIT P-12 TRUE COPY OF THE G.O. (RT.) NO.
4503/2019/GEDN DATED 29.10.2019
EXHIBIT P-13 TRUE COPY OF THE G.O. (RT.) NO.
6896/2022/GEDN DATED 17.11.2022
WP(C) NO. 13555 OF 2023
EXHIBIT P-14 TRUE COPY OF THE G.O. (RT.) NO.
534/2022/G.EDN. DATED 25.01.2022
EXHIBIT P-15 TRUE COPY OF THE G.O. (RT.) NO.
7350/2022/GEDN DATED 26.11.2022
RESPONDENT EXHIBITS: NIL
//TRUE COPY// PA TO JUDGE
