Resla K V vs State Of Kerala
2023 Latest Caselaw 4008 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                   WP(C) NO. 11344 OF 2023


PETITIONER:

          RESLA K V
          AGED 35 YEARS, W/O YAHYA,
          PART-TIME URDU TEACHER,
          B K NAIR MEMORIAL U P SCHOOL, NIDUMPOYIL,
          KOZHUKKOLLUR, MELADY,
          KOZHIKODE DISTRICT, PIN - 673524
          BY ADVS.
          V.A.MUHAMMED
          M.SAJJAD
          P.A.JENZIA

RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT,
          SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM,
          PIN - 695001
    2     THE DIRECTOR GENERAL OF EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
    3     THE DISTRICT EDUCATIONAL OFFICER,
          VATAKARA, KOZHIKODE DISTRICT, PIN - 673101
    4     THE ASSISTANT EDUCATIONAL OFFICER,
          MELADY, KOZHIKODE DISTRICT, PIN - 673522
    5     THE MANAGER,
          B K NAIR MEMORIAL U P SCHOOL,
          NIDUMPOYIL, KOZHUKKOLLUR, MELADY,
          KOZHIKODE DISTRICT, PIN - 673524
          ADV.SURYA BINOY, SR.GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.11344/2023

                                   2




                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(C).No.11344 of 2023
              ----------------------------------------------
            Dated this the 30th day of March, 2023


                             JUDGMENT

This writ petition is filed with following prayers:

i. Call for the records relating to Exhibit P-3 and P-8 and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.

ii. Issue a writ of mandamus or other appropriate writ, order or direction commanding the 4 th Respondent to approve the appointment of the Petitioner covered by Exhibit P-1 and disburse the attendant benefits forthwith. iii. Declare that the Petitioner is entitled to get approval w.e.f 15.07.2021 in the light of the Judgment in WA No.1602/2022 dated 13.03.2023. iv. Issue a writ of mandamus or other appropriate writ order or direction commanding the 1 st Respondent to consider and pass appropriate orders upon Exhibit P-9 after affording an opportunity of being heard to the Petitioner within a time limit.

v. To dispense with filing of English translation of WP(C).No.11344/2023

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 for the petitioner submitted that the petitioner will

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

consider Ext.P9 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 1st respondent to

consider Ext.P9 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.P9, after

affording an opportunity of hearing to the

petitioner, as expeditiously as possible, at any

rate, within four months from the date of receipt

of a stamped certified copy of this judgment.

WP(C).No.11344/2023

2. The petitioner will produce a stamped certified

copy of this judgment along with a copy of this

writ petition before the 1st respondent for

compliance.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.11344/2023

APPENDIX OF WP(C) 11344/2023

PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 15.07.2021 Exhibit P-2 TRUE COPY OF THE K-TET CERTIFICATE OF THE PETITIONER DATED 06.01.2020 Exhibit P-3 TRUE COPY OF THE PROCEEDINGS OF THE ASSISTANT EDUCATIONAL OFFICER, MELADY VIDE ORDER NO. C/15301/2021 DATED 24.09.2021 Exhibit P-4 TRUE COPY OF THE G.O. (P) NO.

3/2019/G.EDN. DATED 28.02.2019 Exhibit P-5 TRUE COPY OF THE CIRCULAR NO.

J2/57/2019/G.EDN. DATED 08.03.2019 Exhibit P-6 TRUE COPY OF THE APPEAL PETITION SUBMITTED BY THE MANAGER BEFORE THE ASSISTANT EDUCATIONAL OFFICER, VADAKARA DATED 28.10.2021 Exhibit P-7 TRUE COPY OF THE JUDGMENT IN W.P(C)NO.26694/2021 DATED 26.11.2021 Exhibit P-8 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT EDUCATIONAL OFFICER, VADAKARA VIDE ORDER NO.B5/196545/2021 DATED 06.06.2022 Exhibit P-9 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 19.07.2022 Exhibit P-10 TRUE COPY OF THE STAFF FIXATION FOR THE YEAR 2019-2020 VIDE ORDER NO. D.DIS.C/45573/2019 DATED 18.07.2019 OF THE ASSISTANT EDUCATIONAL OFFICER, MELADY