Meril Rose P.K vs State Of Kerala
2023 Latest Caselaw 6379 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                        WP(C) NO. 18975 OF 2023
PETITIONER:

          MERIL ROSE P.K.,
          AGED 37 YEARS
          W/O MADHU VINCENT, HST(ENGLISH), ST.AUGUSTINE HSS,
          KUTTANELLUR, THRISSUR DISTRICT (RESIDING AT CHETTUPUZHA
          HOUSE, YOUNG SHINE ROAD, CHELAKKOTTUKARA,
          THRISSUR - 680 005.
          BY ADVS.
          V.A.MUHAMMED
          M.SAJJAD
          P.A.JENZIA


RESPONDENTS:

    1     THE 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, PIN - 695014
    3     THE DEPUTY DIRECTOR OF EDUCATION,
          CIVIL STATION, AYANTHOLE, THRISSUR, PIN - 680003
    4     THE DISTRICT EDUCATIONAL OFFICER,
          PALACE ROAD, THRISSUR DISTRICT, PIN - 680020
    5     THE HEADMASTER,
          ST.AUGUSTINE HSS, KUTTANELLUR,
          THRISSUR DISTRICT, PIN - 680014


          SMT.NISHA BOSE, SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18975 OF 2023


                                2




               P.V.KUNHIKRISHNAN, J.
              ------------------------------
              W.P.(C)No. 18975 of 2023
      ----------------------------------------------
       Dated this the 13th day of June, 2023


                        JUDGMENT

The above writ petition is filed with the following

prayers:

"(i) to call for Exhibit P-11 and P-13 and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.

(ii) declare that the Petitioner is entitled to get approval to the promotion as HST (English) w.e.f 15.07.2018 as UPST along with attendant benefits.

(iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 4th respondent to grant approval to Exhibit P-5 forthwith.

(iv) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondent to take a decision on Exhibit P-

17 with notice to the Petitioner in a time bound manner, keeping in abeyance the proposal for WP(C) NO. 18975 OF 2023

recovery and stoppage of salary vide Exhibits P-11 and P-13.

(v) to dispense with filing of English translation of vernacular documents produced along with the Writ Petition.

(vi) 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 petitioner

submitted that the petitioner will be satisfied, if a

direction is issued to the 1 st respondent to consider

Ext.P17 within a time frame and there may be a

direction to defer the recovery based on Exts.P11 and

P13 till Ext.P17 is considered.

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.P17 within a time frame

and till then recovery based on Exts.P11 and P13 can WP(C) NO. 18975 OF 2023

be deferred.

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.P17,

after giving an opportunity of hearing to the

petitioner, 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. Till final orders are passed as directed

above, the recovery based on Exts.P11 and P13

shall be deferred.

iii. Petitioner 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. 18975 OF 2023

APPENDIX OF WP(C) 18975/2023

PETITIONER EXHIBITS EXHIBIT P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2016 EXHIBIT P-2 TRUE COPY OF THE ORDER NO. B5-

834/18/K.DIS DATED 06.03.2018 ISSUED BY DEO, THRISSUR EXHIBIT P-3 TRUE COPY OF THE ORDER NO. B3-

6842/18/L.DIS DATED 31.08.2018 ISSUED BY DDE, THRISSUR EXHIBIT P-4 TRUE COPY OF THE G.O(RT) NO.

2047/2019/G.EDN DATED 01.06.2019 EXHIBIT P-5 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 15.07.2018 EXHIBIT P-6 TRUE COPY OF THE ORDER NO.

B5/30560/2021 DATED 02.08.2022 ISSUED BY DEO, THRISSUR EXHIBIT P-7 TRUE COPY OF THE ORDER NO. E C 4/ 5208/2019/DGE DATED 24.08.2021 ISSUED BY 2ND RESPONDENT EXHIBIT P-8 TRUE COPY G.O (MS) NO. 4/2021/G.EDN DATED 06.02.2021 EXHIBIT P-9 TRUE COPY OF THE APPROVAL ORDER NO.

B5/20791/2021 DATED 28.07.2021 ISSUED BY DEO, THRISSUR EXHIBIT P-10 TRUE COPY OF THE ORDER NO.

EC4/3813/2023/DGE/K.DIS DATED 13.03.2023 ISSUED BY 2ND RESPONDENT EXHIBIT P-11 TRUE COPY OF OF THE LETTER SUBMITTED BY DEO VIDE NO. B5/154/2023 DATED WP(C) NO. 18975 OF 2023

24.01.2023 ADDRESSED THE HM EXHIBIT P-12 TRUE COPY OF REPLY SUBMITTED BY HM DATED 24.02.2023 ADDRESSED DEO, THRISSUR EXHIBIT P-13 TRUE COPY OF THE COMMUNICATION IN THE FORM OF A THREAT VIDE LETTER NO. B5/154/2023 DATED 23.05.2023 EXHIBIT P-14 TRUE COPY OF THE CIRCULAR NO.

23323/J1/89/G.EDN DATED 06.11.1989 EXHIBIT P-15 TRUE COPY JUDGMENT IN WP(C) NO.

32084/2017 DATED 09.10.2017 EXHIBIT P-16 TRUE COPY JUDGMENT IN WP(C) NO.

20953/2021 DATED 04.10.2021 EXHIBIT P-17 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER DATED 05.06.2023

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