Nancy Varghese vs State Of Kerala
2023 Latest Caselaw 5897 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                  WP(C) NO. 16521 OF 2023
PETITIONER/S:

    1    NANCY VARGHESE
         AGED 37 YEARS
         LOWER PRIMARY SCHOOL TEACHER, AYANIKKAD MLP
         SCHOOL, AYANIKKAD PO KOZHIKODE RESIDING AT :-
         CALMNESS HOUSE, CHIRAKKARA PO, THALASSERY KANUUR
         DISTRICT, PIN - 670104
    2    SOUMYA.V.V,
         AGED 35 YEARS
         LOWER PRIMARY SCHOOL TEACHER, AYANIKKAD MLP
         SCHOOL, PUTHIYEDATH HOUSE, KAKKAMPPALLY,
         NADAPURAM, KOZHIKODE, PIN - 673504
         BY ADVS.
         K.MOHANAKANNAN
         H.PRAVEEN (KOTTARAKARA)


RESPONDENT/S:

    1    STATE OF KERALA,
         REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
         GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM,
         PIN - 695001
    2    THE DIRECTOR OF GENERAL EDUCATION
         , OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
         JAGATHY THIRUVANANTHAPURAM, PIN - 695014
    3    THE DEPUTY DIRECTOR OF EDUCATION,
         OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
         MANANCHIRA, KOZHIKODE -, PIN - 673001
    4    THE DISTRICT EDUCATION OFFICER,
         OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
         VATAKARA, KOZHIKODE-, PIN - 673104
    5    THE ASSISTANT EDUCATIONAL OFFICER,
         OFFICE OF THE ASSISTANT EDUCATION OFFICER,
         MELADY, KOZHIKODE -, PIN - 673522
                                         -2-
W.P.(C). No. 16521 of 2023



       6          MANAGER,
                  AYINIKKAD LP SCHOOL, MELADY, KOZHIKODE DISTRICT-,
                  PIN - 673522
OTHER PRESENT:

                  SMT.NISHA BOSE, SR.GP


           THIS    WRIT      PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION          ON    24.05.2023,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -3-
W.P.(C). No. 16521 of 2023



                             P.V.KUNHIKRISHNAN, J.
                             ======================================================

                              W.P.(C) No. 16521 of 2023
                         =============================================================

                      Dated this the 24th day of May, 2023

                                          JUDGMENT

The above writ petition is filed with following prayers:

"(i) To issue a Writ of Certiorari or any other appropriate order leading to Ext.P2, P4, P7 and P8 are bad in law and liable to be set aside and quash the same.

(ii) To issue a Writ of mandamus or any other appropriate Writ order or direction directing the 5th Respondent to approve the appointment of the Petitioners as LPST in a scale of pay and grant all monetary benefits within a time frame to be fixed by this Hon'ble Court.

(iii) To issue a Writ of mandamus or any other appropriate Writ order or direction directing the 5th Respondent to consider Ext.P10 and P11 and pass appropriate orders within a time frame to be fixed by this Hon'ble Court;

W.P.(C). No. 16521 of 2023

(iv) To dispense with filing of the translation of vernacular documents.

(v) To grant such other and further reliefs as are just, proper and necessary in the facts and circumstances of the case." (sic)

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

counsel for the petitioners submitted that the petitioners will be

satisfied if a direction is issued to consider Exts.P10 and P11 by

the 5th respondent.

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 5th respondent to consider Exts.P10 and P11 within a time

frame.

Therefore, this writ petition is disposed of in the following

manner:

W.P.(C). No. 16521 of 2023

1. The 5th respondent is directed consider and pass

appropriate orders in Exts.P10 and P11, as expeditiously

as possible at any rate within two months from the date

of receipt of a certified copy of this judgment, with

notice to the petitioner.

2. The 5th respondent will consider Ext.P5 staff fixation

order also, while deciding the matter as directed above.

3. The petitioners will produce a stamped certified copy

of this judgment together with a copy of this writ petition

before the 5th respondent for compliance.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 16521 of 2023

APPENDIX OF WP(C) 16521/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE 1 ST PETITIONER DATED 1-6-2017 Exhibit P2 TRUE COPY OF THE PROCEEDINGS OF THE 5 TH RESPONDENT NO.C /15302/2021 DATED 24-9-2021 Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER DATED 3.6.13 Exhibit P4 TRUE COPY OF THE PROCEEDINGS OF THE 5 TH RESPONDENT NO.C/15300/2021 DATED 24- 9-2021 Exhibit P5 TRUE COPY OF THE STAFF FIXATION ORDER NO.C/44497/2022 DATED 13-8-2022 OF THE SCHOOL ISSUED BY THE 5 TH RESPONDENT Exhibit P6 TRUE COPY OF THE PERFORMA OF NUMBER OF STUDENTS OF THE SCHOOL OF THE ACADEMIC YEAR 2022-2023 Exhibit P7 TRUE COPY OF THE PROCEEDINGS NO.B5/195787/2021 DATED 28-10-2022 OF THE 4 TH RESPONDENT Exhibit P8 TRUE COPY OF THE PROCEEDINGS NO.B5-

195786/2021 DATED 28-10-2022 OF THE 4 TH RESPONDENT Exhibit P9 TRUE COPY OF THE GO(MS)3287/ 2021/GEDN DATED 6-7-2021 Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 19-4-2023 SUBMITTED BY THE 1 ST PETITIONER BEFORE THE 5 TH RESPONDENT WITH ACKNOWLEDGMENT Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 19-4-2023 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 5 TH RESPONDENT WITH ACKNOWLEDGMENT Exhibit P12 TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO.5287/2023 DATED 16-2-2023