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