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Sheena. K. Mathew vs State Of Kerala
2024 Latest Caselaw 9778 Ker

Citation : 2024 Latest Caselaw 9778 Ker
Judgement Date : 4 April, 2024

Kerala High Court

Sheena. K. Mathew vs State Of Kerala on 4 April, 2024

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                        WP(C) NO. 13534 OF 2024
PETITIONER/S:

          SHEENA. K. MATHEW
          AGED 42 YEARS
          UPST,ST. XAVIER'S UP SCHOOL, KOLAYAD KOOTHUPARAMBA,
          KANNUR DISTRICT-670650 (RESIDING AT "KOCHIPARAMBIL
          HOUSE, VELIMANAM P.O. PAYAM VIA, KANNUR, PIN - 670704
          BY ADVS.
          V.A.MUHAMMED
          M.SAJJAD


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE - II,
          THIRUVANANTHAPURAM, PIN - 695001
    2     THE DIRECTOR OF GENERAL EDUCATION
          JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
    3     THE DEPUTY DIRECTOR OF EDUCATION
          O/O. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR, PIN -
          670002
    4     THE DISTRICT EDUCATIONAL OFFICER
          THALASSERY, KANNUR DISTRICT, PIN - 670101
    5     THE ASSISTANT EDUCATIONAL OFFICER
          KOOTHUPARAMBA, KANNUR, PIN - 670693
    6     THE CORPORATE MANAGER
          APOSTOLAC CARMAL EDUCATION AGENCY, KOZHIKODE, PIN -
          673011
    7     THE HEAD MASTER
          KOLAYAD ST. XAVIERS UP SCHOOL, KOOTHUPARAMBA, KANNUR
          DISTRICT, PIN - 670650


          ADV NISHA BOSE - PP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                    2
W.P.C No.13534 of 2024

                             JUDGMENT

The petitioner, was appointed as UPSA in the school

managed by the 6th respondent w.e.f 15.07.2021 against a

promotion vacancy. However, the approval was not granted by the

Educational Officer concerned but later, as per Ext.P4 the 2 nd

respondent ordered the approval of appointment of the petitioner

subject to the reservation of persons with disability. On the basis

of Ext.P4, Ext.P5 proposal has been submitted before the 5 th

respondent which has not been acted upon till now. The writ

petition was submitted in such circumstances seeking for a

direction to take appropriate steps pursuant to Ext.P5.

After hearing the learned Counsel for the petitioner and the

learned Government Pleader, I am inclined to dispose of this writ

petition. Accordingly, it is ordered that, the 5 th respondent shall

take up Ext.P5 and appropriate orders thereon shall be passed in

accordance with law, after hearing the petitioner as well as the 6 th

respondent, within a period of two months from the date of receipt

of a copy of this judgment.

Sd/-

ZIYAD RAHMAN A.A JUDGE rpk

APPENDIX OF WP(C) 13534/2024

PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 15.07.2021 Exhibit P-2 TRUE COPY OF THE ORDER NO. D/ 16212/2021 DATED 02.11.2021 OF THE AEO, KOOTHUPARAMBA Exhibit P-3 TRUE COPY OF THE ORDER NO. B5/197018/2022 DATED 09.10.2022 OF THE DEO Exhibit P-4 TRUE COPY OF THE ORDER NO.G4/238472/2022 DATED 20.11.2023 OF THE DIRECTOR Exhibit P-5 TRUE COPY OF THE ORDER NO. 19/2023-24 OF THE CORPORATE MANAGER DATED 05.03.2024 Exhibit P-6 TRUE COPY OF THE G.O.(MS) NO.29/2023/G.EDN DATED 24.03.2023 ISSUED BY THE GOVERNMENT Exhibit P-7 TRUE COPY OF THE CIRCULAR NO. GEDN-

JR1/1502/2023/G.EDN DATED 01.11.2023 ISSUED BY THE GOVERNMENT Exhibit P-8 TRUE COPY OF THE CIRCULAR NO.

DGE/15133/2023(2)-H2 DATED 03.02.2024 BY THE 2ND RESPONDENT

 
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