Kerala High Court
Sujitha Johnson vs The State Of Kerala on 30 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946
OP(KAT) NO. 197 OF 2024
AGAINST THE ORDER DATED 09.04.2024 IN OA NO.644 OF 2024 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER(S)/APPLICANT :
SUJITHA JOHNSON
AGED 48 YEARS, W/O. MAHADEVAN,
RESIDING AT TC NO. 24/570. GOMATHY VILAS, NEAR THYCAUD
P.O., THIRUVANANTHAPURAM, WORKING AS PRINCIPAL, TRIBAL
HIGHER SECONDARY SCHOOL, PUDUR, ATTAPADI, PALAKKAD-
676682., PIN - 695014
BY ADVS.
P.R.VENKATESH
ASHA P.KURIAKOSE
REJITHA RAJAN
LAKSHMI MEENAKSHI P.R.
RESPONDENT(S)/RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY SECRETARY, GENERAL EDUCATION
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.,
PIN - 695001
2 DIRECTOR OF GENERAL EDUCATION (HIGHER SECONDARY WING)
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, HOUSING
BOARD BUILDING, SHANTINAGAR, THIRUVANANTHAPURAM.,
PIN - 695001
BY SR.GP.S.GOPINATH
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 30.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
O.P.(KAT) No.197 of 2024 2
DEVAN RAMACHANDRAN & EASWARAN S. , JJ.
------------------------------------
O.P.(KAT) No.197 of 2024
-----------------------------------
Dated this the 30th day of April 2024
JUDGMENT
DEVAN RAMACHANDRAN, J.
The learned counsel for the petitioner assails the order of the
learned Kerala Administrative Tribunal, Thiruvananthapuram, in O.A.
No.644 of 2024, to the limited extent it has directed the 1st respondent
to consider and issue orders on her representation, before the filling
up of the vacancy at Dr. Ambedkar Memorial Model Residential School,
Kattela, if it has not already been filled up.
3. Sri. P.R. Venkatesh, learned counsel for the petitioner,
argued that though the tenor of the impugned order is very specific,
that his client's representation is required to be considered if the
vacancy is still available, it is possible that the respondents will
interpret this in such manner that they may say that it has been filled
up subsequently, thus incapacitating the consideration of the
representation. He added that the vacancy has arisen only today and
hence there is no question of such vacancy being filled up at the time
when the impugned order was issued by the learned Tribunal.
4. We must say that we fail to understand the purport of the
aforesaid argument, or why this appeal has been filed because, the
learned Tribunal has very carefully and justifiably made it clear that
the petitioner's representation will be considered, if the vacancy is
available. If, factually, the vacancy is available, as asserted by
Sri. P. R. Venkatesh, we find no reason for the petitioner to be
aggrieved in any manner whatsoever.
We thus see no reason to interfere in the judgment of the
Tribunal in O.A. No.644 of 2024; however, it is clarified that the
respondents shall ensure that the petitioner's representation is
considered with the empathy it deserves, adverting to her specific
contention that the vacancy has arisen only today and therefore
would not have been filled up at the time when the said order was
issued.
Sd/-
DEVAN RAMACHANDRAN , JUDGE
Sd/-
NS EASWARAN S., JUDGE
APPENDIX OF OP(KAT) 197/2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE CERTIFICATE DATED
22.03.2023 ISSUED BY SUCHITHRA MEDICAL
CENTRE, KILIMANOOR IN THE NAME OF APPLICANT.
Annexure A2 TRUE COPY OF THE GO (RT) NO. 2022/2023/GEDN
DATED 12.03.2024
Annexure A3 TRUE COPY OF THE REPRESENTATION (DATED NIL)
SUBMITTED BY APPLICANT TO THE 1ST RESPONDENT
Annexure A3(a) TRUE COPY OF THE POSTAL RECEIPT FOR SENDING
THE ADVANCE COPY OF ANNEXURE A3 ON DATED
25.03.2024
Annexure A4 TRUE COPY OF ADDENDUM REPRESENTATION DATED
05.04.2024 SUBMITTED BY APPLICANT TO THE 1ST
RESPONDENT
Annexure A4(a) TRUE COPY OF THE POSTAL RECEIPT DATED
05.04.2024
Exhibit P1 TRUE COPY OF THE OA NO. 644/2024 ON THE FILE
OF THE KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM
Exhibit P2 TRUE COPY OF ORDER DATED 9.4.2024 IN OA NO.
644/2024 PASSED BY THE TRIBUNAL
