Bindu S R vs The State Of Kerala
2023 Latest Caselaw 1799 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                         WP(C) NO. 2164 OF 2023
PETITIONER:

          BINDU S R
          PART TIME HINDI TEACHER, SKV UP SCHOOL,
          KURINJI P.O, RAMAPURAM, KOTTAYAM - 686576,
          RESIDING AT KAIPIRICKL, KIZHATHIRI, P.O.,
          RAMAPURAM BAZAR.
          BY ADV R.RAJASEKHARAN PILLAI


RESPONDENTS:

    1     THE STATE OF KERALA
          THE STATE OF KERALA REPRESENTED BY THE SECRETARY,
          GOVT SECRETARIAT, THIRUVANANTHAPURAM -695001.
    2     THE DIRECTOR, GENERAL EDUCATION DEPARTMENT
          JAGATHI, THIURVANANTHAPURAM - 695014
    3     THE ASSISTANT EDUCATIONAL OFFICER
          THE ASSISTANT EDUCATIONAL OFFICER, RAMAPURAM, ASSISTANT
          EDUCATIONAL OFFICE, RAMAPURAM, KOTTAYAM - 686576
    4     THE MANAGER
          THE MANAGER, SKV UP SCHOOL, KURINJI P.O., RAMAPURAM,
          KOTTAYAM - 686576
          SMT.NISHA BOSE, SENIOR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2164 OF 2023
                                 2




               P.V.KUNHIKRISHNAN, J.
              ------------------------------
               W.P.(C)No. 2164 of 2023
      ----------------------------------------------
     Dated this the 01st day of February, 2023


                         JUDGMENT

The above writ petition is filed with the following

prayers:

"(i) Issue a writ of mandamus or other appropriate writ order or direction commanding the 1 st respondent to sympathetically consider Ext.P3 and pass appropriate orders after hearing the petitioner.

(ii) Issue such other writ, order or direction as this Hon'ble Court may deem fit and proper to meet the ends of justice.

(iii) Dispense with the filing of English Translation of the vernacular document filed in this Writ Petition on such terms and conditions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

(iv) Award costs to petitioner. "[SIC]

2. According to the petitioner, she is a 51A

claimant for the post of Hindi Teacher in the 4 th

respondent's School. The petitioner earlier approached

this Court for a direction to the 1st respondent to WP(C) NO. 2164 OF 2023

consider the revision petition submitted by the manager

for approval of her reappointment. This Court though

directed to consider the revision in accordance with law,

the 1st respondent rejected the same. Now the

petitioner submitted Ext.P3 representation before the 1 st

respondent. The prayer in this writ petition is for a

consideration of the same.

3. Heard counsel appearing for the petitioner and

the learned Government Pleader. No notice is necessary

to the 4th respondent at this stage.

4. Considering the limited prayer of the petitioner

for a consideration of Ext.P3 by the 1 st respondent, I

think that prayer can be allowed.

Therefore, this writ petition is disposed of in the

following manner:

i. There will be a direction to the 1 st

respondent to consider Ext.P3 and pass appropriate

orders in it, as expeditiously as possible, at any rate,

within a period of four months from the date of

receipt of a copy of this judgment.

WP(C) NO. 2164 OF 2023

ii. Before passing final orders, the 1st

respondent will give an opportunity of hearing to the

petitioner.

iii. Petitioner will produce a copy of the writ

petition along with a certified copy of this judgment

before the 1st respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 2164 OF 2023

APPENDIX OF WP(C) 2164/2023

PETITIONER EXHIBITS EXHIBIT-P1 TRUE COPY OF THE JUDGEMENT DATED 28.9.2022 IN WP(C)NO.30797/2022 OF THIS HON'BLE COURT EXHIBIT-P2 TRUE COPY OF THE ORDER G.O.

(RT)NO.7029/2022/G.EDN DATED 19.11.2022 EXHIBIT-P3 TRUE COY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT EXHIBIT-P3A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT OF EXT.P3 EXHIBIT-P4 TRUE COPY OF THE COMMUNICATION NO.SC2/165/2021-G.EDN DATED 15.1.2022 FROM THE 1ST RESPONDENT TO THE 2ND RESPONDENT

RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE