Sreeja S.R vs State Of Kerala
2023 Latest Caselaw 2029 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                       WP(C) NO. 3678 OF 2023
PETITIONER:

          SREEJA S.R
          AGED 40 YEARS
          W/O SURESH KUMAR S.T.,
          RESIDING AT POTTANIVILA VEEDU, MOONNAMMOODU,
          KODANGANOOR P.O, NOW RESIDING AT S.R NIVAS,
          MOONNAAMMOODU, VATTIYOORKAVU P.O,
          THIRUVANANTHAPURAM,, PIN - 695013
          BY ADVS.
          JIBU P THOMAS
          V.P.BIJI


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY,
          GENERAL EDUCATION DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    2     THE DIRECTOR OF GENERAL EDUCATION
          GENERAL EDUCATION DEPARTMENT, JAGATHY,
          THIRUVANANTHAPURAM,PIN - 695014
    3     DEPUTY DIRECTOR OF EDUCATION
          GENERAL EDUCATION DEPARTMENT, NALUMUKKU
          PAZHAVANGADI, THIRUVANTHAPURAM DISTRICT,
          PIN - 695023
    4     DISTRICT EDUCATIONAL OFFICER
          DISTRICT EDUCATIONAL OFFICE, NEAR GOVT.COLLEGE,
          ATTINGAL, THIRUVANTHAPURAM P.O., PIN - 695101
    5     THE CORPORATE MANAGER
          LMS SCHOOLS, LMS COMPOUND, PALAYAM,
          THIRUVANTHAPURAM,, PIN - 695033
          SMT.NISHA BOSE -SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3678 OF 2023             2

                             JUDGMENT

The limited plea of the petitioner is that the 4 th respondent -

District Educational Officer, Thiruvananthapuram, be directed to

take up Ext.P7 - representation of hers and dispose it of, within a

time frame to be fixed by this Court.

2. The afore request of the petitioner, as made by her learned

counsel Sri.Jibu P.Thomas, was answered by Smt.Nisha Bose -

learned Senior Government Pleader appearing for the official

respondents, saying that though Ext.P7 is not a statutory

representation, there does not appear to be any legal impediment in

the 4th respondent taking it up and disposing it of as per law. She,

however, prayed that this Court may not make any affirmative

declarations on her entitlement to any relief and leave it to be

decided by the competent Authority, in terms of law. She added that

she is making this submission because, the claims in Ext.P7 will

have to be assessed by the 4 th respondent based on all relevant and

germane inputs, particularly because it is not filed as a statutory

one.

Taking note of the afore submissions, I allow this writ petition

and direct the 4th respondent to take up Ext.P7 representation and

dispose of the same, after affording an opportunity of being heard to

the petitioner, as also the 5th respondent - Manager of the School;

thus culminating in an appropriate order and necessary action

thereon, as expeditiously as is possible, but not later than two

months from the date of receipt of a copy of this judgment.

Needless to say, it is clarified that this Court has not entered

into the merits of Ext.P7 in any manner and it is up to the 4 th

respondent to dispose it of as per law following due procedure.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/3.2

APPENDIX OF WP(C) 3678/2023

PETITIONER EXHIBITS Exhibit-P1 THE TRUE PHOTO COPY OF THE ORDER NO.

B/570/19/CM DATED 31.05.2019 OF THE CORPORATE MANAGER OF LMS SCHOOLS, THIRUVANANTHAPURAM Exhibit-P2 THE TRUE PHOTO COPY OF THE ORDER NO.

B6/12025/2019 KDIS DATED 28.12.2019 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, ATTINGA Exhibit-P3 THE TRUE PHOTO CODY OF THE G.O (P) NO.4/2021 GENERAL EDUCATION DEPARTMENT DATED 06.02.2021 Exhibit-P4 R. THE TRUE PHOTO COPY OF THE ORDER NO.B6/743/D.E.0/2021 DATED 23.02.2021 OF THE 4TH RESPONDENT Exhibit-P5 A TRUE COPY OF THE JUDGMENT W.P.(C). NO.

15823 OF 2021 DATED 30.11.2021 Exhibit-P6 TRUE COPY OF THE ORDER NO. B/404/19 CM DATED 07.02.2022 Exhibit-P7 TRUE COPY OF THE REPRESENTATION DATED 20.01.2023 SUBMITTED BY THE PETITIONER BEFORE THE 4 RESPONDENT