Bindu Joseph vs State Of Kerala
2023 Latest Caselaw 7516 Ker

WP(C) NO. 22160 OF 2023              1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 7TH DAY OF JULY 2023 / 16TH ASHADHA, 1945
                          WP(C) NO. 22160 OF 2023
PETITIONER/S:

               BINDU JOSEPH,
               AGED 53 YEARS
               W/O SHINU JOSE, LPST,MSC LP SCHOOL, MYLAPRA,
               PATHANAMTHITTA (RESIDING AT VETTIMOOTTIL MUNDAPUZHA,
               RANNY, PATHANAMTHITTA - 689 672), PIN - 689678

               BY ADVS.
               V.A.MUHAMMED
               M.SAJJAD


RESPONDENT/S:
    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL
          EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II
          THIRUVANANTHAPURAM, PIN - 695001

      2        THE DEPUTY DIRECTOR OF EDUCATION,
               PATHANAMTHITTA @ THIRUVALLA, PIN - 689101

      3        THE HEADMISTRESS,
               MSC LP SCHOOL, MYLAPRA, PATHANAMTHITTA DISTRICT, PIN
               - 689678

               SMT.SURYA BINOY,GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22160 OF 2023                2




                          P.V.KUNHIKRISHNAN, J
                      ---------------------------------------
                        W.P.(C.) No. 22160 of 2023
                       --------------------------------------
                    Dated this the 7th day of July, 2023


                                  JUDGMENT

The above writ petition is filed with following prayers :

"(i) Declare that the petitioner is entitled to continue as MSCLPS, Mylapra as against Head teacher vacancy.

(ii) Call for Exhibit P2 to the extend it order transfer of the petitioner from MSC LPS, Mylapra and set aside the original of same by issue a writ of certiorari or other appropriate writ order or direction.

(iii) Issue a writ of mandamus or other appropriate writ order or direction commanding the 1st respondent to take decision on Exhibit P3 and P3(a) within a time limit, with notice to the petitioner, keeping in abeyance Exhibit P2 in the while as far the petitioner is concerned.

(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]

2. The petitioner is aggrieved by Ext.P2 transfer order

by which the petitioner is transferred from Mylapra to

Pothupara. Aggrieved by the same, the petitioner submitted

Exts.P3 and P3 (a) before the 1st respondent. The grievance of

the petitioner is that the same is not considered and the

petitioner will be forced to relieve from the present school

before taking decision in Exts.P3 and P3(a).

3. Heard the learned counsel for the petitioner and the

learned Government Pleader. No notice is necessary to the 3 rd

respondent.

4. After hearing both sides, I think this writ petition can

be disposed of directing the 1st respondent to consider and pass

appropriate orders in Exts.P3 and P3(a) within a time frame.

Since it is submitted that no substitute is appointed in the place

of the petitioner and she is not relieved as on today, I think the

petitioner can be allowed to continue till Exts.P3 and P3(a) is

considered by the 1st respondent.

Therefore, this writ petition is disposed of with the

following directions :

1) The 1st respondent is directed to consider and pass

appropriate orders in Exts.P3 and P3(a) as expeditiously

as possible, at any rate, within two months from the date

of receipt of a certified copy of this judgment after giving

an opportunity of hearing to the petitioner and other

affected parties, if any.

2) Till final orders are passed in Exts.P3 and P3(a), the

petitioner shall be retained at MSC LP School, Mylapra.

3) The petitioner will produce a certified copy of this

judgment along with a copy of this writ petition before the

1st respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 22160/2023

PETITIONER EXHIBITS

Exhibit P-1 TRUE COPY OF THE ORDER NO.

DDEPTA/1160/2022/B1(2) DATED 25.08.2022 ALONG WITH TYPED COPY

Exhibit P-2 TRUE COPY OF THE ORDER NO.

DDEPTA/1160/2022-B1 DATED 26.06.2023 ALONG WITH TYPED COPY

Exhibit P-3 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 03.07.2023

Exhibit P-3(a) TRUE COPY OF THE STAY PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 03.07.2023