Remya K. P vs State Of Kerala
2023 Latest Caselaw 3472 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                         WP(C) NO. 10307 OF 2023
PETITIONER:

             REMYA K. P.,
             AGED 36 YEARS,
             H.S.T HINDI, K.R. HIGHER SECONDARY SCHOOL, PURAMERI,
             PURAMERI POST, KOZHIKODE DISTRICT, PIN - 673 503.

             BY ADVS.
             POOVAMULLE PARAMBIL ABDULKAREEM
             K.N.KUMARASWAMY SARMA



RESPONDENTS:

     1       STATE OF KERALA,
             REPRESENTED BY THE SECRETARY TO GOVERNMENT,
             DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
             SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

     2       DIRECTOR OF GENERAL EDUCATION,
             OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
             JAGATHY, THIRUVANATHAPURAM, PIN - 695 014.

     3       DISTRICT EDUCATIONAL OFFICER,
             OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
             VATAKARA, KOZHIKODE DISTRICT, PIN - 673 101.

     4       MANAGER,
             K.R. HIGHER SECONDARY SCHOOL, PURAMERI, PURAMERI
             POST, KOZHIKODE DISTRICT, PIN - 673 503.

             SMT.NISHA BOSE, SR.GP
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   24.03.2023,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) No.10307 of 2023                         2




                      P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                       W.P.(C) No. 10307 of 2023
                    --------------------------------------
                Dated this the 24th day of March, 2023

                                   JUDGMENT

The above writ petition is filed with the following prayers:-

i. To issue a writ of mandamus or other appropriate writ or order directing the 1st respondent to consider and pass appropriate orders on Ext.P9 revision petition adverting Exts.P7 and Ext.P10 as expeditiously as possible. ii. To issue a writ of mandamus or any other appropriate writ or order directing the 3rd respondent to approve the appointment of the petitioner as H.S.T. (Hindi) from 08/09/2021 and to disburse all consequential monetary benefits due to him. iii. To declare that the petitioner is entitled to get approval from the date of her appointment in the light of Exts.P7, P8 & P10. iv. To dispense with filing of the translation of vernacular documents.

v. To grant such other relief which this Hon'ble Court deems fit and necessary in the interest of justice.

2. When this writ petition came up for consideration, the learned

counsel for the petitioner submitted that, the petitioner would be satisfied if

a direction is issued to the first respondent to consider Ext.P9 in the light of

Exts. P7 and P10.

3. I have heard the learned Government Pleader also.

4. After hearing both sides, I think there can be a direction to the

first respondent to consider Ext.P9 in the light of Exs.P7 and P10.

Therefore, this writ petition is disposed of with the following

directions;

(i) The first respondent is directed to consider and

pass appropriate orders in Ext.P9, as expeditiously

as possible, at any rate, within four months from the

date of receipt of a copy this judgment.

(ii) While passing orders in Ext.P9, the first

respondent will also consider the applicability of

Exts.P7 and P10.

(iii) The first respondent will also give an

opportunity of hearing to the petitioner and the

fourth respondent before passing final orders in

Ext.P9.

(iv) The petitioner will produce a certified copy of

this judgment along with a copy of this writ petition

before the first respondent for compliance.

The writ petition is disposed as above.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

ak

APPENDIX OF WP(C) 10307/2023

PETITIONER EXHIBITS:-

ExhibitP1 TRUE COPY OF THE APPOINTMENT ORDER DATED 08/09/20221 OF THE PETITIONER ISSUED BY THE 4TH RESPONDENT.

ExhibitP2 TRUE COPY OF THE JUDGMENT DATED 02/11/2022 IN WP(C)NO.28572/2022.

ExhibitP3 TRUE COPY OF THE ORDER NO. B6/30381/2021 DATED 06/01/2023 ISSUED BY THE 3RD RESPONDENT.

ExhibitP4 TRUE COPY OF THE ORDER NO.

B6/8062/2022/K.DIS. DATED 30/01/2023 ISSUED BY THE 3RD RESPONDENT.

ExhibitP5 TRUE COPY OF THE APPOINTMENT ORDER DATED 03/11/2021 ISSUED BY THE 4TH RESPONDENT.

ExhibitP6 TRUE COPY OF THE NEWS ITEM PUBLISHED IN THE MATHRUBHUMI DAILY DATED 08/11/2021.

ExhibitP7 TRUE COPY OF THE G.O(P)NO.111/2022/GEDN DATED 25/06/2022 ISSUED BY THE 1ST RESPONDENT.

ExhibitP8 TRUE COPY OF THE G.O(RT)NO.5280/2022/GEDN DATED 02/09/2022 ISSUED BY THE 1ST RESPONDENT.

ExhibitP9 TRUE COPY OF THE REVISION PETITION DATED 24/02/2023 SUBMITTED BY THE PETITIONER.

ExhibitP10 TRUE COPY OF THE JUDGMENT DATED 13/03/2023 IN W.A NO.445/2023 ISSUED BY THIS HON'BLE COURT.