K. Kamalakshi vs Director Of General Education
2023 Latest Caselaw 6749 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
                        WP(C) NO. 20040 OF 2023
PETITIONER:

          K. KAMALAKSHI
          AGED 68 YEARS, W/O KUNHIKANNAN,
          MANAGER, NAVAKERLA LP SCHOOL, KOOLILMOOLA P. O.,
          ECHUR, KANNUR DISTRICT - 670591
          RESIDING AT KANNOTH , ECHUR P. O.,
          KANNUR DISTRICT, PIN - 670693
          BY ADVS.
          T.T.MUHAMOOD
          FEENA MELEETA ARUJA
          NAZEER HUZAIN.H
          LAKSHMI PRIYA C.B.

RESPONDENTS:

    1     DIRECTOR OF GENERAL EDUCATION
          DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
          THIRUVANANTHAPURAM, PIN - 695014
    2     DISTRICT EDUCATIONAL OFFICER
          OFFICE OF THE DEO, KANNUR DISTRICT, PIN - 670002
    3     ASSISTANT EDUCATIONAL OFFICER
          OFFICE OF THE AEO, KANNURT NORTH, PIN - 670002
    4     VINODKUMAR
          LPST, NAVAKERLA LP SCHOOL, KOOLILMOOLA P. O., ECHUR,
          KANNUR DISTRICT, PIN - 670591
    5     VIJAYASREE
          LPST, NAVAKERLA LP SCHOOL, KOOLILMOOLA P. O., ECHUR,
          KANNUR DISTRICT, PIN - 670591
          SMT.NISHA BOSE - SR.GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20040 OF 2023


                                  2



              P.V.KUNHIKRISHNAN, J.
             ------------------------------
             W.P.(C)No. 20040 of 2023
     ----------------------------------------------
      Dated this the 20th day of June, 2023


                        JUDGMENT

The above writ petition is filed with the

following prayers:

"(i) Issue a writ of certiorari or any other appropriate order or direction quashing Ext:P2 and P4.

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to approve the appointment of Smt. Vi jayasree as the Head Mistress of the school w.e.f 02-05-2023 based on Exhibit P1 appointment order.

(iii) Issue a writ of mandamus or any other appropriate writ order or direction directing the 1st respondent to consider and pass orders on Exhibit P5 revision petition.

(iv) Petitioner may be permitted to dispense with the filing of transaction of the vernacular documents.

WP(C) NO. 20040 OF 2023

And 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 the Manager of

Navakerala LP School, Koolilmoola, Echur. A vacancy

of Headmistress arose in the school on 01.05.2023

consequent to the retirement of the then

Headmistress. The 5th respondent was appointed as

Headmistress with effect from 02.05.2023. The

Assistant Educational Officer/3rd respondent rejected

the proposal for approval by Ext.P2 stating that

there are two seniors to the 5 th respondent as on

01.05.2023. The appeal submitted by the petitioner

was also rejected by the District Educational Officer

as per Ext.P4 upholding the order issued by the 3 rd

respondent. Hence, the petitioner submitted Ext.P5

before the 1st respondent. The grievance of the WP(C) NO. 20040 OF 2023

petitioner is that the same is not considered.

Meanwhile, the teachers are not getting salary

because there is no Drawing and Disbursing Officer

is the further submission. Hence, this writ petition.

3. Heard the learned counsel appearing for

the petitioner and the learned Government Pleader.

No notice is necessary to respondent Nos. 4 and 5

at this stage. If respondent Nos. 4 and 5 are

aggrieved by any of the directions issued by this

Court, they are free to file a Review petition before

this Court.

4. After hearing both sides, I am of the

considered opinion that there can be a direction to

the 1st respondent to consider Ext.P5, with notice to

the petitioner, respondent Nos. 4, 5 and other

affected parties, if any. Till a decision is taken in

Ext.P5, the teachers are entitled to get salary.

Therefore, only for that purpose, the 5th respondent WP(C) NO. 20040 OF 2023

can be allowed to continue as the Drawing and

Disbursing Officer. But, I make it clear that this is

subject to the final decision in Ext.P5.

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.P5,

after giving an opportunity of hearing to the

petitioner, respondent Nos. 4, 5 and other

affected parties, if any, as expeditiously as

possible, at any rate, within a period of three

months from the date of receipt of a certified

copy of this judgment.

ii. Till Ext.P5 is considered by the 1st

respondent, the 5th respondent can continue as

the Drawing and Disbursing Officer, subject to

the final decision in Ext.P5.

iii. The petitioner will produce a certified WP(C) NO. 20040 OF 2023

copy of this judgment along with a copy of this

writ petition before the 1st respondent for

compliance.

Sd/-

P.V.KUNHIKRISHNAN SK JUDGE WP(C) NO. 20040 OF 2023

APPENDIX OF WP(C) 20040/2023

PETITIONER'S EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 02-05-2023, APPOINTING SMT.

VIJAYASREE AS HEAD MISTRESS OF NAVAKERALA SCHOOL EXHIBIT P2 TRUE COPY OF THE ORDER NO.

G43143/2023 DATED 18-05-2023 ISSUED BY THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE APPEAL MEMORANDUM SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 19-05-2023 EXHIBIT P4 TRUE COPY OF THE ORDER NO.

B5/200075/2023 DATED 14-06-2023 ISSUED BY THE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF THE REVISION PETITION DATED 17-06-2023 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 20-05-2023 SUBMITTED BY SMT. VIJYASREE BEFORE THE 3RD RESPONDENT

RESPONDENTS' EXHIBITS :NIL