Uma K vs State Of Kerala
2023 Latest Caselaw 5898 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. 16525 OF 2023
PETITIONER/S:
          UMA K. AGED 41 YEARS
          W/O SREEKUMAR U., H.S.S.T.(JR) ECONOMICS, TKM
          HIGHER SECONDARY SCHOOL, KARIKKODE, KOLLAM
          RESIDING AT :RAVI MANDIRAM, PANANGADU, PUNALUR
          P.O., KOLLAM DISTRICT, PIN - 691305
          BY ADVS.
          MANOJ RAMASWAMY
          JOLIMA GEORGE
          C.B.SABEELA
          APARNA G.
          CHINNU ROSE MARY THOMAS
          MUHAMMED HAROON THAMEEM
RESPONDENT/S:
    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY, GENERAL EDUCATION
          (H) DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    2     DIRECTOR OF GENERAL EDUCATION
          O/O DIRECTOR OF GENERAL EDUCATION, JAGATHI,
          THIRUVANANTHAPURAM, PIN - 695014
    3     DEPUTY DIRECTOR OF EDUCATION
          O/O DEPUTY DIRECTOR OF EDUCATION KOLLAM DISTRICT,
          PIN - 691009
    4     THE DISTRICT EDUCATIONAL OFFICER
          O/O DISTRICT EDUCATIONAL OFFICER, KOLLAM
          DISTRICT, PIN - 691013
    5     THE MANAGER
          TKM HIGHER SECONDARY SCHOOL, KARICODE, KOLLAM
          DISTRICT, PIN - 691005
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:
                                                      -2-
W.P.(C). No. 16525 of 2023



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

                              W.P.(C) No. 16525 of 2023
                         =============================================================

                      Dated this the 24th day of May, 2023

                                          JUDGMENT

The above writ petition is filed with following prayers:

"i. A writ of mandamus or other appropriate writ, order or direction directing the 1st respondent to consider Exhibit P12 and Exhibit P13 Revision Petitions and pass appropriate orders expeditiously and within a time frame.

ii. A writ of mandamus or other appropriate writ, order or direction directing the 1st respondent to give approval of appointment of the petitioner's period of service from the date of appointment ie; from 15.09.2010 to 31.5.2011.

iii. Dispense with the filing of translation of the vernacular documents.

iv. Any other further relief or order as this Hon'ble Court may deem fit and proper to meets the ends of justice.

W.P.(C). No. 16525 of 2023

v. Award the cost of these proceedings." (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.P12 submitted by the 5th respondent and Ext.P13 by the

petitioner.

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 1st respondent to consider Exts.P12 and P13 within a time

frame.

Therefore, this writ petition is disposed of in the following

manner:

1. The 1st respondent is directed consider and pass

appropriate orders in Exts.P12 and P13, as expeditiously

W.P.(C). No. 16525 of 2023

as possible at any rate within four months from the date

of receipt of 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 5th

respondent.

3. The petitioner will produce a stamped certified copy of

this judgment together with a copy of this writ petition

before the 1st respondent for compliance.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 16525 of 2023

APPENDIX OF WP(C) 16525/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 15.09.2010 ISSUED BY THE 4TH RESPONDENT Exhibit P2 TRUE COPY OF THE REJECTION ORDER VIDE NO.

B1/9825/10/K.DIS DATED 01.03.2011 PASSED BY THE 4TH RESPONDENT Exhibit P3 TRUE COPY OF THE REJECTION ORDER VIDE NO.

B3/11493/11/K.DIS DATED 28.11.2011 PASSED BY THE 3RD RESPONDENT Exhibit P4 TRUE COPY OF THE ORDER VIDE NO.

ET1/15308/13/DPI/K.DIS DATED 24.06.2013 PASSED BY THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF THE LETTER VIDE NO.

60930/J2/2011/G.EDN. DATED 25.10.2011 ISSUED BY THE 1ST RESPONDENT Exhibit P6 TRUE COPY OF THE NOTIFICATION DATED 16.08.2014 PUBLISHED BY THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT REPORTED IN 2011(3) KHC 650 Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 13.03.2020 IN W.P.(C) NO.7888 OF 2020 OF THIS HON'BLE COURT Exhibit P9 TRUE COPY OF THE GOVERNMENT ORDER, VIDE G.O. (P) NO. 4359/2021/G.EDN. DATED 30.09.2021 ISSUED BY THE 1ST RESPONDENT Exhibit P10 TRUE COPY OF THE GOVERNMENT ORDER, VIDE G.O. (P) NO. 8358/2022/GEDN. DATED 22.12.2022 ISSUED BY THE 1ST RESPONDENT Exhibit P11 TRUE COPY OF THE ORDER VIDE NO.

B1/4234/2020 DATED 05.01.2023 ISSUED BY THE 4TH RESPONDENT Exhibit P12 TRUE COPY OF THE REVISION PETITION DATED 03.03.2023 PREFERRED BY THE 5TH RESPONDENT BEFORE THE 1ST RESPONDENT (WITHOUT EXHIBITS) Exhibit P13 TRUE COPY OF THE REVISION PETITION DATED 03.03.2023 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT (WITHOUT EXHIBITS)