Kerala High Court
Manjusha T vs Secretary To Government, General ... on 3 January, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 3RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945
WP(C) NO. 183 OF 2014
PETITIONER:
MANJUSHA T, AGED 39 YEARS, W/O.JAYAKUMAR, WORKED
AS HSA(HINDI), MGM, HIGH SCHOOL, POOZHANAD,
THIRUVANANTHAPURAM
RESIDING AT SREE VINAYAKAM, POOZHANAD P O
THIRUVANANTHAPURAM
BY ADV P.N.MOHANAN
RESPONDENTS:
1 SECRETARY TO GOVERNMENT, GENERAL EDUCATION
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM
695001
2 DIRECTOR OF PUBLIC INSTRUCTIONS,
THIRUVANANTHAPURAPM 695001
3 THE MANAGER, MGM HIGH SCHOOL, POOZHANAD,
THIRUVANANTHAPURAM 695125
BY ADVS.
SRI.C.K.MOHANAN
OTHER PRESENT:
SRI BIJOY CHANDRAN, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.01.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C).183/2014
2
P. V. KUNHIKRISHNAN, J.
-------------------------------------------
W.P(C).No.183 of 2014
-------------------------------------------
Dated this the 3rd day of January, 2024
JUDGMENT
This Writ Petition is filed with the following prayers:
a) Call for the records leading to issue Ext.P3, Ext.P9
and P13 and the same may be quashed by issuing a writ
of certiorari.
b) Issue a writ of mandamus or any other
appropriate writ directing the 1st respondent to allow the
request of the petitioner for inclusion of her name in the
Teacher's package.
c) Issue a writ of mandamus directing the
respondent no.1 to reconsider Ext.P4 and P11 in
accordance with law and in the meanwhile permit the
petitioner to continue in school and to pay salary.
d) Pass such any other order, relief or direction as
your good office may deem fit in the interest of justice,
equity and good conscience.
[SIC]
2. The petitioner is a teacher who was working as the High
School Assistant in M.G.M High School, Poozhanad,
W.P(C).183/2014
Thiruvananthapuram and the 3rd respondent is the manager of the
school. The petitioner was appointed as teacher on 01.06.2005. It is
submitted that the approval of the petitioner's appointment was
cancelled as per ext.P3 on the basis of audit objection. The petitioner
submitted Ext.P4 revision against the same before the Government. The
same is pending. The petitioner submitted that, there may be a
direction to consider the same.
3. Heard the learned counsel for the petitioner and also the
learned Government Pleader. No notice is necessary to the 3 rd
respondent. If 3rd respondent is aggrieved by this judgment, 3 rd
respondent is free to file a review petition.
4. After hearing both sides, I think this Writ Petition need not
be considered on merit. There can be a direction to consider Ext.P4
within a time frame with notice to the petitioner and affected parties.
Therefore, this Writ Petition is disposed of with the following
directions:
a) The 1st respondent is directed to consider
and pass appropriate orders in Ext.P4, after giving an
opportunity of hearing to the petitioner and other
affected parties, as expeditiously as possible, at any rate
within three months from the date of receipt of a copy of
this judgment.
W.P(C).183/2014
b) The petitioner is free to produce additional
documents/additional representation.
c) The 1st respondent will also consider the
applicability of the dictum laid down by this Court in
Usuvathunnisa v. Asst. Educational Officer
[1990(2) KLT 530].
Sd/-
P. V. KUNHIKRISHNAN
JUDGE
Sbna/
W.P(C).183/2014
APPENDIX OF WP(C) 183/2014
PETITIONER EXHIBITS
EXT.P1 A TRUE PHOTOCOPY OF THE APPOINTMENT
ORDER OF THE PETITIONER
EXT.P2 A TRUE PHOTOCOPY OF THE COMMUNICATION
DATED 07.02.2009 MADE BY THE DEO TO THE
DPI.
EXT.P3 A TRUE PHOTOCOPY OF THE ORDER DATED
05.01.2010 OF THE DPI.
EXT.P4 A TRUE PHOTOCOPY OF THE REVISION
PETITION DATED 16.03.2010
EXT.P5 A TRUE PHOTOCOPY OF THE ORDER
NO.GO(P)199/11/G.EDN.DATED 01.10.2011.
EXT.P6 THE REQUEST LETTER DATED 10.11.2011
SUBMITTED IN THE SUTHARYA KERALA
PROGRAMME OF THE CHIEF MINISTER.
EXT.P7 A TRUE PHOTOCOPY OF THE REPORT VIDE
NO.B6/3895/2011 DATED 03.04.2012 ISSUED
BY THE DEO.
EXT.P8 A TRUE PHOTOCOPY OF THE REPORT VIDE
NO.B4/24919/12 DATED 14.05.2012,AGAINST
THE PETITIONER
EXT.P9 A TRUE PHOTOCOPY OF THE ORDER
NO.H2/27033/12/DPI DATED 01.06.2012.
EXT.P10 A TRUE PHOTOCOPY OF THE REPRESENTATION
DATED 09.08.2006 MADE BY THE PETITIONER
TO THE DEO.
EXT.P11 A TRUE PHOTOCOPY OF THE REMINDER FOR THE
EARLIEST CONSIDERATION OF EXT-P4,TO THE
IST RES,ON 10.06.2012.
EXT.P12 A TRUE PHOTOCOPY OF THE JUDGMENT DATED
06.11.2012 OF THE HON'BLE COURT IN
WP(C)26098/2012.
EXT.P13 A TRUE PHOTOCOPY OF THE ORDER VIDE G.O.
(RT.)NO.4117/2013/G.EDN.DATED
05.10.2013.
EXT.P14 A TRUE PHOTOCOPY OF THE ORDER BEARING
NO.B5/29579/2006 DATED 25.04.2008 TO THE
3RD RESPONDENT.
