Kerala High Court
Jollyamma V.Thomas vs State Of Kerala on 21 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Tuesday, the 21st day of May 2024 / 31st Vaisakha, 1946
WP(C) NO. 31861 OF 2022 (G)
PETITIONER:
JOLLYAMMA V.THOMAS, AGED 55 YEARS, W/O.BAJI MATHEW, NOW WORKING AS
HIGHER SECONDARY SCHOOL TEACHER(HSST) HINDI, ST.SEBASTIAN'S HSS,
KOODARANHI, KOZHIKODE DISTRICT, PIN-673 604.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN-695 001.
AND 3 OTHERS
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 3rd respondent to consider the proposal for approval
in respect of Exhibit P1 appointment, pending disposal of the Writ
Petition (Civil).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's judgment
dated 26.10.2022 and order dated 12.04.2024 and upon hearing the arguments
of SRI.PAULSON THOMAS, Advocate for the petitioner, GOVERNMENT PLEADER for
R1 to R3 and of M/S. GEORGE ABRAHAM PACHAYIL, R.K.MURALEEDHARAN, M A FAYAZ
& M. SAJJAD, AMICUS CURIAE (B/O), the court passed the following:
MOHAMMED NIAS C. P. , J.
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W. P. (C) No. 31861 of 2022
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Dated this the 21st day of May, 2024
ORDER
In pursuance to the order of this Court dated 12.4.2024, the
learned Government Pleader has made available a copy of the order
dated 18.5.2024 issued by the General Education Department complying
with most of the directions of this Court. It is also submitted that the
software application has already been made ready today and
incorporated into the E-office. This is recorded. The prompt compliance
with the directions issued by this Court on 12.4.2024 is appreciated.
Upholding the law by ensuring the timely execution of the
directions/orders of the Court reflects high standards of public service.
The services of the members of the Committee, in particular, that of the
Principal Secretary to Government in the General Education
Department, are commendable. What remains to be considered is the
timeline for considering the revisions.
2. The learned Government Pleader, on instruction, submits that
instead of six weeks granted for completing the entire exercise of
revision, as mentioned in the earlier order, three months may be granted.
3. Upon consideration of all the relevant factors, I deem it
..2..
appropriate to grant two months instead of the six weeks indicated in the
earlier order. In cases where policy decisions are to be taken or where
there are financial implications other than in routine matters, the
interpretation of a rule or in any matter where the Government feels that
more time is required, it will be open for the officer concerned who
conducted the hearing to seek extension of time from the Principal
Secretary, who shall consider the same and grant appropriate extension
not exceeding a further period of two months. The Government will look
into the above suggestions and pass appropriate orders indicating the
time limit as well. As rightly pointed out by the learned Amici Curiae,
the Government will also reconsider and clarify whether the prescriptions
in Column No. 4 of the format militate against Rule 92 of Chapter
XIV(A) of the KER before issuing the next order.
List the matter for further consideration on 14.6.2024.
The Principal Secretary to Government in the General Education
Department, the CEO of KITE and the representative of the NIC shall
appear online at 4.15 P.M. on 14.6.2024.
Sd/-
MOHAMMED NIAS C. P. ,
JUDGE
MMG
21-05-2024 /True Copy/ Assistant Registrar
