Kerala High Court
Ashily Mathew vs The State Of Kerala on 7 July, 2023
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. 22120 OF 2023
PETITIONER:
ASHILY MATHEW
AGED 40 YEARS
WIFE OF SHYJU Y,
UPPER PRIMARY SCHOOL TEACHER (UPST),
ST. MARY'S HIGH SCHOOL, PATHANAMTHITTA
(RESIDING AT IRENE VILLAGE, P.O.
VAKAYAR, KONNI,
PATHANAMTHITTA DISTRICT-689698)
BY ADVS.
V.A.MUHAMMED
PRESAD V.G.
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM - 695014
3 THE DISTRICT EDUCATIONAL OFFICER
PATHANAMTHITTA @ THIRUVALLA - 689101
4 THE MANAGER
ST. MARY'S HIGH SCHOOL,
PATHANAMTHITTA - 689645
5 SMT. VALSA GEORGE
HIGH SCHOOL TEACHER (NATURAL SCIENCE),
ST. MARY'S HIGH SCHOOL,
PATHANAMTHITTA - 689645
BY SURYA BINOY GP
WP(C). No. 22120 of 2023
2
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. 22120 of 2023
3
P.V.KUNHIKRISHNAN, J.
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WP(C) No. 22120 of 2023
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Dated this the 7th day of July, 2023
JUDGMENT
The writ petition is filed with following prayers:
(i) " issue a writ of mandamus or other
appropriate writ, order or direction commanding
the Respondents 1 to 4 refrain from reverting
the 5th Respondent from the cadre of HST.
(ii) declare that the Petitioner is entitled to
continue in service as UPST without being
retrenched.
(iii) issue a writ of mandamus or other
appropriate writ, order or direction commanding
the 1st Respondent to resolve Exhibit P-7 after
hearing the Petitioner within a time limit.
(iv) to dispense with filing of English translation
of vernacular documents produced along with
the Writ Petition.
WP(C). No. 22120 of 2023
(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. When this writ petition came up for consideration, the
learned counsel for the petitioner submitted that he will be
satisfied if a direction is issued for consideration of Ext.P7
within a time frame.
3. I have heard the learned Government Pleader also.
4. After hearing both sides, I am of the considered
opinion that, this writ petition can be disposed of directing
the 1st respondent to consider Ext.P7, within a time with
notice to petitioner and respondent Nos. 4 and 5.
Therefore, this writ petition is disposed of with following
directions:
1) The 1st respondent is directed to consider and pass
appropriate orders in Ext.P7 in accordance with law,
after giving an opportunity of hearing to the petitioner
and respondent Nos. 4 and 5 as expeditiously as
WP(C). No. 22120 of 2023
possible, at any rate, within four months from the date
of receipt of a certified copy of this judgment.
2) Petitioner shall produce a certified copy of this
judgment along with a copy of this writ petition before
the 1st respondent for compliance.
Sd/-
mtk P.V.KUNHIKRISHNAN, JUDGE
WP(C). No. 22120 of 2023
APPENDIX OF WP(C) 22120/2023
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER DATED
05.06.2008 ALONG WITH APPROVAL RECORDED
THEREON
Exhibit P-2 TRUE COPY OF THE APPOINTMENT ORDER DATED
01.02.2010 WITH APPROVAL THEREOF
Exhibit P-3 TRUE COPY OF THE G.O. (RT.) NO. 620/
2020/G.EDN. DATED 04.02.2020
Exhibit P-4 TRUE COPY OF THE ORDER NO. B6/2263/19
DATED 25.05.2020 OF THE 3RD RESPONDENT
Exhibit P-5 TRUE COPY OF THE STAFF STATEMENT AS ON
01.02.2022
Exhibit P-6 TRUE THE STAFF FIXATION ORDER NO. K.DIS.
B6/42279/2022 DATED 18.08.2022 OF THE 3RD
RESPONDENT FOR THE ACADEMIC YEAR 2022-
Exhibit P-7 TRUE COPY OF THE PETITION DATED
19.06.2023 SUBMITTED BEFORE THE
GOVERNMENT
