Citation : 2023 Latest Caselaw 6768 Ker
Judgement Date : 20 June, 2023
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. 19900 OF 2023
PETITIONER/S:
SREEJA K
AGED 43 YEARS
WIFE OF GIREESH UPPER PRIMARY SCHOOL TEACHER
(UPST) S N V UPPER PRIMARY SCHOOL, THALIKKULAM
THRISSUR DISTRIC, PIN - 680569
BY ADV V.A.MUHAMMED
RESPONDENT/S:
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
THRISSUR @ AYYANTHOLE`, PIN - 680003
4 THE ASSISTANT EDUCATIONAL OFFICER
VALAPPAD, THRISSUR DISTRICT, PIN - 680567
5 THE MANAGER
S N V UPPER PRIMARY SCHOOL, THALIKKULAM THRISSUR
DISTRICT, PIN - 680569
OTHER PRESENT:
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:
-2-
W.P.(C). No. 19900 of 2023
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 19900 of 2023
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Dated this the 20th day of June, 2023
JUDGMENT
The above writ petition is filed with following prayers:
" (i) issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to grant salary due to the Petitioner from 15.07.2015 forthwith.
(ii) 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-5 after affording an opportunity of being heard to the Petitioner within a time limit, pending disposal of the Writ Petition.
(i) to dispense with filing of English translation of vernacular documents produced along with the Writ Petition.
(iv) 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 for the petitioner submitted that the petitioner will be
satisfied, if a direction is issued to the 1 st respondent to consider
Ext.P5 within a time frame, after giving an opportunity of hearing to
the petitioner and the 5th respondent.
W.P.(C). No. 19900 of 2023
3. Heard the Government Pleader also.
4. After hearing both sides, I am of the considered opinion
that this writ petition itself can be disposed of directing the 1 st
respondent to consider Ext.P5 within a time frame.
Therefore, this writ petition is disposed of in the following
manner:
1. The 1st respondent is directed to consider and pass appropriate orders in Ext.P5, as expeditiously as possible, at any rate within four months from the date of receipt of a certified copy of this judgment.
2. Before passing final orders, the 1 st respondent will give an opportunity of hearing to the petitioner and the 5 th respondent.
3. The petitioner will produce a stamped certified copy of this judgment together with a copy of this writ petition before the 1st respondent for compliance.
sd/-
P.V.KUNHIKRISHNAN JUDGE das
W.P.(C). No. 19900 of 2023
APPENDIX OF WP(C) 19900/2023
PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2010 OF THE PETITIONER Exhibit P-2 TRUE COPY OF THE G.O. (RT.) NO.
3768/2017/G.EDN. DATED 19.10.2017 Exhibit P-3 TRUE COPY OF THE G.O. (RT.) NO.
3974/2017/GEDN DATED 27.10.2017 Exhibit P-4 TRUE COPY OF THE ORDER NO. G/4935/18/ K.DIS. DATED 04.02.2020 ISSUED BY THE AEO, VALAPPAD Exhibit P-5 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 30.05.2023
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