Citation : 2023 Latest Caselaw 4252 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.11477 OF 2023
PETITIONER:
NAFLA A.K.,
AGED 24 YEARS, D/O. KUNHIMOIDEEN KUTTY,
LPST, AMLP SCHOOL, PARAMBATTUPARAMBA,
KOOTTILANGADI, MALAPPURAM-676 506.
BY ADVS.
AUGUSTINE JOSEPH
TONY AUGUSTINE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 ASSISTANT EDUCATIONAL OFFICER,
MANKADA, MALAPPURAM-679 324.
3 MANAGER,
AMLP SCHOOL, PARAMBATTUPARAMBA,
KOOTTILANGADI, MALAPPURAM-676 506.
R1&R2 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.11477 OF 2023
P.V. KUNHIKRISHNAN, J.
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W.P.(C) No.11477 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) issue a writ of mandamus or any other writ, order or direction to the 1st respondent to consider and pass orders on Ext.P6, affording an opportunity of hearing to the petitioner and within a time limit.
ii) issue a writ of mandamus or any other writ, order or direction to the 2nd respondent to approve the appointment of the petitioner with effect from 1.6.2022.
iii) dispense with filing of the translation of vernacular documents.
iv) issue such other writs, orders, directions including interim orders deem fit in the circumstances of the case.
v) allow this writ petition with costs.
2. The petitioner is aggrieved by the non-approval of her
appointment. The petitioner approached the 1 st respondent with
Ext.P6. When this writ petition came up for consideration, the
counsel for the petitioner submitted that the petitioner will be
W.P.(C) NO.11477 OF 2023
satisfied if a direction is issued to the 1 st respondent to consider
Ext.P6 within a time frame.
3. Heard the learned Government Pleader also.
4. After hearing both sides, I am of the considered
opinion that this writ petition can be disposed of directing the 1 st
respondent to consider Ext.P6 which is filed against Ext.P5.
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.P6, 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 3rd respondent.
3. 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.11477 OF 2023
APPENDIX OF WP(C) 11477/2023
PETITIONER'S EXHIBITS
Exhibit-P1 EXHIBIT-P1: TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 1.6.2022.
Exhibit-P2 EXHIBIT-P2: TRUE COPY OF THE GOVERNMENT ORDER IN G.O.(P).NO.19/2020/SJD DATED 25.8.2020.
Exhibit-P3 EXHIBIT-P3:TRUE COPY OF THE GOVERNMENT ORDER IN G.O.(P).NO.7/2022/SJD DATED 28.10.2022.
Exhibit-P4 EXHIBIT-P4:TRUE COPY OF THE JUDGMENT IN W.P.(C).NO.41639/2022 DATED 21.12.2022.
Exhibit-P5 EXHIBIT-P5:TRUE COPY OF THE PROCEEDINGS NO.D/31904/2022 DATED 4.3.2023 OF THE 2ND RESPONDENT.
Exhibit-P6 EXHIBIT-P6: TRUE COPY OF THE REVISION PETITION DATED 6.3.2023 SUBMITTED BEFORE THE 1ST RESPONDENT.
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