Fabiola C vs The State Of Kerala
2023 Latest Caselaw 7635 Ker

Citation : 2023 Latest Caselaw 7635 Ker
Judgement Date : 14 July, 2023

Kerala High Court

Fabiola C vs The State Of Kerala on 14 July, 2023

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
                       WP(C) NO. 22906 OF 2023
PETITIONERS:

    1       FABIOLA C
            AGED 40 YEARS
            WIFE OF JESTIN MIRANDA, HIGHER SECONDARY SCHOOL TEACHER
            (JUNIOR) (COMMERCE) ST. MARY'S HIGHER SECONDARY SCHOOL,
            VETTUCAUD THIRUVANANTHAPURAM - 695008(RESIDING AT
            CHRISTHURAJA LANE TC1/130(1), PALLITHURA,
            THIRUVANANTHAPURAM-695586).
    2       MARY SHYJA G
            AGED 42 YEARS
            WIFE OF ANDREW ANTONY ABRAHAM, HIGHER SECONDARY SCHOOL
            TEACHER (JUNIOR) (ECONOMICS) ST. MARY'S HIGHER
            SECONDARY SCHOOL, VETTUCAUD THIRUVANANTHAPURAM - 695008
            (RESIDING AT SNEHATHEERAM, ST. MARTHA LANE, PALLITHURA,
            THIRUVANANTHAPURAM-695586).
            BY ADV V.A.MUHAMMED


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
            (HIGHER SECONDARY EDUCATION WING),
            HOUSING BOARD BUILDINGS, SANTHI NAGAR
            THIRUVANANTHAPURAM, PIN - 695001
    3       THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
            EDUCATION, IVTH FLOOR, CORPORATION BUILDINGS, PALAYAM,
            THIRUVANANTHAPURAM, PIN - 695033
    4       THE CORPORATE MANAGER
            R C SCHOOL, LATIN ARCH DIOCESE OF TRIVANDRUM
 WP(C) NO.22906 OF 2023


                            2



           ARCH BISHOP'S COMPOUND, VELLAYAMBALAM
           THIRUVANANTHAPURAM, PIN - 695003
    5      THE PRINCIPAL
           ST. MARY'S HIGHER SECONDARY SCHOOL,
           VETTUCAUD, THIRUVANANTHAPURAM, PIN - 695008
           BY ADV.
           SMT.SURYA BINOY, GP

        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.07.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.22906 OF 2023


                                 3




              P.V.KUNHIKRISHNAN, J.
             ------------------------------
             W.P.(C)No.22906 of 2023
     ----------------------------------------------
       Dated this the 14th day of July, 2023


                      JUDGMENT

The above writ petition is filed with the

following prayers:

"(i) declare that the Petitioners are entitled to get approval from 15.7.2021.

(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 3rd Respondent to grant approval to the appointments of the Petitioners covered by Exhibits P-3 and P-4 forthwith.

(iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondent to consider and pass appropriate orders upon Exhibit P-8 after affording an opportunity of being heard to the Petitioner within a time limit duly taking note of WP(C) NO.22906 OF 2023

Exhibits P-5, P-6 and P-7 Judgments.

(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. When this writ petition came up for

consideration, the counsel appearing for the

petitioners submitted that the petitioners will be

satisfied, if a direction is issued to the 1st respondent

to consider Ext.P8 in the light of Exts.P5 to P7,

within a time frame.

3. Heard the learned Government Pleader

also.

4. After hearing both sides, I think this writ

petition itself can be disposed of directing the 1 st

respondent to consider Ext.P8 within a time frame.

Therefore, this writ petition is disposed of in WP(C) NO.22906 OF 2023

the following manner:

i. The 1st respondent is directed to consider

and pass appropriate orders in Ext.P8, after giving

an opportunity of hearing to the petitioners and the

4th respondent, as expeditiously as possible, at any

rate, within a period of four months from the date of

receipt of a certified copy of this judgment.

ii. While deciding the matter, the 1st

respondent will also consider the applicability of

Exts.P5 to P7.

iii. Petitioners will produce a certified copy of

this judgment along with a copy of the writ petition

before the 1st respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO.22906 OF 2023

APPENDIX OF WP(C) 22906/2023

PETITIONER EXHIBITS EXHIBIT P-1 TRUE COPY OF THE G.O. (MS.) NO.

14/20219/G.EDN. DATED 06.02.2019 EXHIBIT P-2 TRUE COPY OF THE MINUTES OF THE SELECTION COMMITTEE MEETING HELD ON 20TH AND 23RD MARCH 2021 EXHIBIT P-3 TRUE COPY OF THE POSTING ORDER NO.

081/2021 DATED 15.7.2021 OF THE CORPORATE MANAGER EXHIBIT P-4 TRUE COPY OF THE ORDER NO. 083/2021 DATED 15.07.2021 OF THE CORPORATE MANAGER EXHIBIT P-5 TRUE COPY OF THE JUDGMENT IN W.P.

(C) NO. 39297/2022 DATED 07.02.2023 EXHIBIT P-8 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 27.05.2023

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