Smt. Smitha S.D vs Apj Abdul Kalam Technological ...
2024 Latest Caselaw 5946 Ker

Kerala High Court

Smt. Smitha S.D vs Apj Abdul Kalam Technological ... on 23 February, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
   FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
                        WP(C) NO. 7179 OF 2024
PETITIONER:

          SMT. SMITHA S.D, AGED 40 YEARS
          D/O. SUDHAKARAN L/95, LAVANYA,
          CHAGAMPUZHA NAGAR P.O,
          KALAMASSERY, PIN - 682033

          BY ADVS.
          S.K.ADHITHYAN
          REUBEN CHARLY
          SHAHINA NOUSHAD



RESPONDENTS:

    1     APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY CET CAMPUS
          REP BY ITS REGISTRAR,THIRUVANANTHAPURAM, PIN - 695016

    2     SAINTGITS COLLEGE OF ENGINEERING DEPARTMENT OF EEE,
          KOTTUKULAM HILLS, PATHAMUTTOM P.O, KOTTAYAM.
          REPRESENTED BY ITS MANAGER,, PIN - 686532

    3     PRINCIPAL
          SAINTGITS COLLEGE OF ENGINEERING DEPARTMENT OF EEE,
          KOTTUKULAM HILLS, PATHAMUTTOM P.O,
          KOTTAYAM, PIN - 686532

          SMT.NISHA BOSE, SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                         -2-

WP(C)No.7179 of 2024

                          MOHAMMED NIAS C.P.J

                        ---------------------

                            WP(C) No.7179 of 2024

                       ---------------------------

                 Dated this the 23rd     day of February, 2024



                                  JUDGMENT

The petitioner has preferred Ext.P3 revision before the first respondent,

seeking leave and also challenging the action of the college in not allowing her to

rejoin after the maternity leave. Learned counsel for the petitioner submits that

no orders have been passed the same so far and seeks a direction to the first

respondent to dispose of the same.

2. Accordingly, there will be a direction to the first respondent to take up

Ext.P3 and pass orders in accordance with law, with notice to the petitioner and

other affected parties, if any and after affording an opportunity of hearing to

them, within an outer time limit of one month from the date of receipt of a copy of

this judgment. It will be open to the petitioner to produce such documents to

substantiate the contentions, which will be adverted to by the first respondent

while considering the request

The writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE

dlk/23.2.2024

APPENDIX OF WP(C) 7179/2024

PETITIONER'S EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE COMPLAINT GIVEN BY THE PETITIONER

EXHIBIT P2 TRUE COPY OF THE WRITTEN SUBMISSION DATED 4/10/2023

EXHIBIT P3 A TRUE COPY OF THE REPLY GIVEN BY THE PETITIONER TO THE 1 ST RESPONDENT DATED 30/11/2023