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Neenu J Vadakkan vs The State Of Kerala
2023 Latest Caselaw 12829 Ker

Citation : 2023 Latest Caselaw 12829 Ker
Judgement Date : 8 December, 2023

Kerala High Court

Neenu J Vadakkan vs The State Of Kerala on 8 December, 2023

Author: T.R.Ravi

Bench: T.R.Ravi

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
   FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
                       WP(C) NO. 41154 OF 2023
PETITIONER:

          NEENU J VADAKKAN
          AGED 35 YEARS
          W/O LINISH JACOB, LPST, FR. JBMUP SCHOOL, MALAYINKEEZH,
          NADUKANI, KOTHAMANGALAM, ERNAKULAM - 686 691 (RESIDING
          AT KUZHIKKATTU HOUSE, VARAPPETTY, ELANGAVAM,
          KOTHAMANGALAM, ERNAKULAM, PIN - 686691

          BY ADVS.
          V.A.MUHAMMED
          M.SAJJAD
          ANOOP EMMATTY.A.



RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
          THIRUVANANTHAPURAM, PIN - 695001

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

    3     THE DEPUTY DIRECTOR OF EDUCATION
          KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030

    4     THE ASSISTANT EDUCATIONAL OFFICER
          KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686691

    5     THE MANAGER
          FR. JBMUP SCHOOL, MALAYINKEEZH, NADUKANI,
          KOTHAMANGALAM, ERNAKULAM, PIN - 686691

    6     THE HEADMASTER
          FR. JBMUP SCHOOL, MALAYINKEEZH, NADUKANI,
          KOTHAMANGALAM, ERNAKULAM, PIN - 686691
 WP(C) NO. 41154 OF 2023               2



     7       SMT. JESSY ABRAHAM
             FR. JBMUP SCHOOL, MALAYINKEEZH, NADUKANI,
             KOTHAMANGALAM, ERNAKULAM, PIN - 686691

             SRI. PREMCHAND R. NAIR. SR.GP.




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   08.12.2023,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 41154 OF 2023            3


                            T.R. RAVI, J.
            --------------------------------------------
                   W.P.(C)No.41154 of 2023
                --------------------------------------------
          Dated this the 8th day of December, 2023

                           JUDGMENT

Admit. Government Pleader takes notice for respondents

1 to 4. In view of the order that is proposed to be issued

notice to respondents 5 to 7 is dispensed with.

2. The case of the petitioner is that once the 7 th

respondent is repatriated to her Parent School, petitioner

could be allowed to continue in the School (Fr.JBM UP

School), without being retrenched, as against the resultant

vacancy. There is also a prayer to direct the respondents to

appoint the petitioner against a regular vacancy. The

petitioner has preferred Ext.P9 representation before the

Government and seeks early disposal of the same.

In view of the limited prayer made, this writ petition is

disposed of directing the 1st respondent to consider and pass

orders on Ext.P9 representation after hearing the petitioner

and respondents 5 to 7 at the earliest, at any rate, within a

period of three months from the date of receipt of a copy of

this judgment.

Sd/-

T.R.RAVI JUDGE

LEK

APPENDIX OF WP(C) 41154/2023

PETITIONER EXHIBITS

Exhibit P-1 TRUE COPY OF THE PROCEEDINGS OF THE ASSISTANT EDUCATIONAL OFFICER, KOTHAMANGALAM VIDE NO.G/7332/2021 DATED 27.07.2021

Exhibit P-2 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2023-24 VIDE NO.D.DIS.G/63725/2023 DATED 18/08/2023 OF THE ASSISTANT EDUCATIONAL OFFICER, KOTHAMANGALAM

Exhibit P-3 TRUE COPY OF THE APPLICATION FOR APPOINTMENT APPROVAL DATED NIL

Exhibit P-4 TRUE COPY OF THE PROCEEDINGS OF THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM VIDE NO.B4/23097/06 DATED 01.01.2007

Exhibit P-5 TRUE COPY OF THE LETTER OF THE 7TH RESPONDENT ADDRESSING THE 3RD AND 4TH RESPONDENTS DATED 09.10.2023

Exhibit P-6 TRUE COPY OF THE LETTER OF THE PETITIONER ADDRESSING THE 3RD AND 4TH RESPONDENTS DATED 01.09.2023

Exhibit P-7 TRUE COPY OF THE G.O. (RT).NO.1332/2020/G.EDN DATED 17.03.2020

Exhibit P-8 TRUE COPY OF THE G.O. (RT).NO.1718/2021/G.EDN DATED 18.02.2021

Exhibit P-9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 23.11.2023

 
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