Citation : 2023 Latest Caselaw 4246 Ker
Judgement Date : 31 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
W.P.(C) NO.11607 OF 2023
PETITIONER:
SALEENA MOL A.M.,
AGED 38 YEARS, H.S.A. (ENGLISH),
M.E.S. HIGHER SECONDARY SCHOOL,
MANNARKKAD, PALAKKAD-678 583.
BY ADVS.
GEORGE ABRAHAM
JOBY D JOSEPH
MARY CATHERINE PRIYANKA P.S.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695 014.
3 DISTRICT EDUCATIONAL OFFICER,
MANNARKKAD, PALAKKAD-678 582.
4 MANAGER,
M.E.S. HIGHER SECONDARY SCHOOL,
MANNARKKAD, PALAKKAD-678 583.
R1-R3 SMT. NISHA BOSE, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-2-
W.P.(C) NO.11607 OF 2023
P.V. KUNHIKRISHNAN, J.
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W.P.(C) No.11607 of 2023
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Dated this the 31st day of March, 2023
JUDGMENT
The above writ petition is filed with following prayers:
(i) To issue a Writ of Mandamus; or any other appropriate writ, order or direction, directing the respondents to approve the appointment of the petitioner as H.S.A. English for a period from 01.06.2010 to 31.05.2011 and grant salary and other monitory benefits for the sald period.
(ii)To issue a Writ of Mandamus; or any other appropriate writ, order or direction, directing the 1 st respondent to consider Ext.P5 revision filed by the petitioner.
(iii) Petitioner also prays that this Hon'ble Court may be pleased to dispense with the translation of the documents produced in the vernacular language.
(iv) To grant such other and further reliefs as this Hon'ble Court may consider just and proper In the facts and circumstances of the case.
W.P.(C) NO.11607 OF 2023
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.
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.P5 within a time frame.
Therefore, this writ petition is disposed of in the following
directions:
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 a certified copy of this judgment.
2. Before passing final orders, the 1st respondent will give an opportunity of hearing to the petitioner and the 4th respondent.
3. While deciding the matter, the 1 st respondent will also consider the applicability of Ext.P4 judgment.
W.P.(C) NO.11607 OF 2023
4. The petitioner will produce a certified copy of this judgment along with a copy of this writ petition before the 1st respondent for compliance.
Sd/-
P.V. KUNHIKRISHNAN JUDGE bpr
W.P.(C) NO.11607 OF 2023
APPENDIX OF WP(C) 11607/2023
PETITIONER'S EXHIBITS
Exhibit P1 A COPY OF THE APPOINTMENT ORDER ISSUED BY THE MANAGER DATED 01.06.2010
Exhibit P2 A COPY OF THE APPOINTMENT ORDER DATED 01.06.2009 ISSUED BY THE MANAGER IN FAVOUR OF SMT.N.SALEENA
Exhibit P3 A COPY OF THE DECLARATION FILED BY THE MANAGER DATED 13.09.2010
Exhibit P4 A COPY OF THE JUDGMENT IN WP(C)NO.23722/2019 DATED 15.12.2021
Exhibit P5 A COPY OF THE REVISION PETITION FILED BY THE PETITIONER DATED 27.03.2023
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