Veena K vs State Of Kerala
2023 Latest Caselaw 1800 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. 2218 OF 2023
PETITIONER:

          VEENA K
          AGED 28 YEARS
          W/O. VALSAN, LOWER PRIMARY SCHOOL TEACHER (LPST),
          NARAYANAVILASAM LO0WER PRIMARY SCHOOL, PERUMANNU -
          670593, KANNUR DISTRICT.
          BY ADV DINESH KUMAR K.


RESPONDENTS:

    1     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 - 695014
    3     THE DEPUTY DIRECTOR OF EDUCATION
          CIVIL STATION, KANNUR, PIN - 670002
    4     THE DISTRICT EDUCATIONAL OFFICER,
          TALIPARAMBA, KANNUR DISTRICT, PIN - 670002
    5     THE ASSISTANT EDUCATIONAL OFFICER
          IRIKKOOR, KANNUR DISTRICT, PIN - 670593
    6     THE MANAGER, NARAYANAVILASAM LOWER PRIMARY SCHOOL
          PERUMANNU, KANNUR DISTRICT, PIN - 670593
          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. 2218 OF 2023
                                  2




               P.V.KUNHIKRISHNAN, J.

------------------------------ W.P.(C)No. 2218 of 2023

---------------------------------------------- Dated this the 01st day of February, 2023

The above writ petition is filed with the following

prayers:

"(i) call for the records relating to Exhibits P-2, P-5 and P-7 and set aside the originals 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 5th Respondent to approve the appointment of the Petitioner from 18.06.2018 onwards and disburse the attendant benefits.

(iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1 st Respondent to consider and pass appropriate orders upon Exhibit P-8 after affording an opportunity of being heard to the Petitioner and within a time limit.

(iv) to 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 in the circumstances of the case."[SIC] WP(C) NO. 2218 OF 2023

2. Petitioner was appointed as Lower Primary

School Teacher (LPST) in the School on regular basis

with effect from 18.06.2018 ie. on the reopening day of

2018-2019. According to the petitioner, the said

appointment was in the retirement vacancy of one Smt.

Jancy Rose, LPST. Approval to the appointment was

rejected by the 5th respondent. According to the

petitioner, her appointment was done by the approved

manager namely Sri. K.P. Muhammed Sayeed which was

approved by the 5th respondent as per Ext. P-3 order.

The petitioner now filed Ext.P8 revision petition before

the 1st respondent. The grievance of the petitioner is

that the same is not considered. Hence this writ petition

is filed.

3. Heard counsel appearing for the petitioner and

the learned Government Pleader. No notice is necessary

to the 6th respondent at this stage.

4. After hearing both sides, I am of the opinion

that the writ petition itself can be disposed of directing

the 1st respondent to consider Ext.P8 within a time WP(C) NO. 2218 OF 2023

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.P8 revision

petition, as expeditiously as possible, at any rate,

within a period of four months from the date of

receipt of a copy of this judgment.

ii. Before passing final orders, the 1st

respondent will give an opportunity of hearing to the

petitioner, 6th respondent and other affected parties,

if any.

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. 2218 OF 2023

APPENDIX OF WP(C) 2218/2023

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 18.06.2018 EXHIBIT P2 TRUE COPY OF THE ORDER NO. F-4910/ 2018/K.D.IS. DATED 31.12.2018 OF THE AEO. IRIKKOOR EXHIBIT P3 TRUE COPY OF THE ORDER NO. F-5760/ 2019/K.D.IS. DATED 14.10.2019 OF THE AEO, LRIKKOOR EXHIBIT P4 TRUE COPY OF THE ORDER NO. B4/2115/ 19/K.DIS. DATED 12.07.2019 OF DEO, TALIPARAMBA EXHIBIT P5 TRUE COPY OF THE ORDER NO. B4/3613/ 2020 DATED 22.09.2020 OF THE DEO, TALIPARAMBA EXHIBIT P6 TRUE COPY OF THE REVISION APPEAL FILED BEFORE THE 2ND RESPONDENT BY THE MANAGER DATED 06.02.2020 EXHIBIT P7 TRUE COPY OF .THE ORDER NO. G2/ 9866/2021/DGE/K.D.IS. DATED 07.06.2022 OF THE ADDITIONAL DIRECTOR (ACADEMIC) TO THE OFFICE ATTACHED TO THE 2ND RESPONDENT EXHIBIT P8 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE 1ST RESPONDENT DATED 01.07.2022

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