Kerala High Court
Mary Brincel Hurtiz vs State Of Kerala on 15 November, 2024
2024:KER:85751
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 15TH DAY OF NOVEMBER 2024 / 24TH KARTHIKA, 1946
WP(C) NO. 40456 OF 2024
PETITIONER/S:
MARY BRINCEL HURTIZ
AGED 48 YEARS
W/O. SOJAN MATHEW, PUNNAPILLIL HOUSE, NN 197,
NAZARETH NAGAR, ANGAMALY P.O., WORKING AS H.S.S.T.
(ENGLISH), C.C.P.L.M.A.I.H.S. SCHOOL, PERUMANOOR
P.O., THEVARA,, PIN - 683572
BY ADVS.
V.VIJULAL
T.A.PRASANTH
K.T.SEBASTIAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT SECRETARIAT,
THIRUVANANTHAPURAM,, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION,
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
HIGHER SECONDARY EDUCATION, JAGATHY,
THIRUVANANTHAPURAM,, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
ERNAKULAM, KAKKANAD, OFFICIATING AS MANAGER,
CENTRAL BOARD OF ANGLO-INDIAN EDUCATION (REG.
NO.9/1953), PERUMANOOR P.O., KOCHI, PIN - 682030
W.P.C No. 40456 of 2024
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2024:KER:85751
4 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION,
OFFICE OF REGIONAL DEPUTY DIRECTOR OF HIGHER
SECONDARY EDUCATION, S.R.V. SCHOOL BUILDING, M.G.
ROAD, ERNAKULAM SOUTH,, PIN - 682011
5 DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
ERNAKULAM, PIN - 682011
OTHER PRESENT:
ADV. VENUGOPAL.V., G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.C No. 40456 of 2024
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2024:KER:85751
JUDGMENT
The petitioner while working as HST (English) in one of the
schools which is presently under the management of the 3rd
respondent was promoted as HSST (English) with effect from
27.08.2024. The case of the petitioner is that the vacancy to
which the petitioner was promoted, has arisen consequent to
the retirement of an HSST on 31.03.2024. Therefore, the
petitioner was eligible to be appointed from 03.06.2024
onwards. In such circumstances being aggrieved by the order
of appointment with effect from 27.08.2024, the petitioner
submitted Ext.P8 appeal before the 2nd respondent, which is now
pending consideration. The limited prayer sought by the
petitioner is to direct the 2nd respondent to take a decision
thereon within a time frame.
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 2nd respondent
shall take up Ext.P8 and appropriate orders thereon shall be
2024:KER:85751
passed in accordance with law, after hearing the petitioner and
the other affected parties, if any. The orders in this regard shall
be passed within a period of two months from the date of
receipt of a copy of this judgment. While taking a decision,
Exts.P4 and P6 shall also be taken note of by the 2 nd
respondent.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
rpk
2024:KER:85751
APPENDIX OF WP(C) 40456/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF APPOINTMENT ORDER OF
PETITIONER DATED 1.8.2000
Exhibit P2 TRUE COPY OF APPOINTMENT ORDER OF
PETITIONER DATED 6.6.2001 AS UPSA ALONG
WITH THE ORDER OF APPROVAL
Exhibit P3 TRUE COPY OF APPOINTMENT ORDER OF THE
PETITIONER DATED 2.6.2008 ALONG WITH
THE ORDER OF APPROVAL
Exhibit P4 THE COPY OF COMMUNICATION NO.
DDEEKM/4700/2024/B1 ISSUED BY THE 3RD
RESPONDENT DATED NIL
Exhibit P5 THE COPY OF JOINING REPORT DATED
3.6.2024 ISSUED BY THE HEADMISTRESS,
C.C.P.L.M.A.I.H.S.S. PERUMANOOR
Exhibit P6 TRUE COPY OF ORDER DATED 31.5.2024 BY
WHICH THE APPOINTMENT BY-TRANSFER OF
SMT. BEENA A. AS HSST (ENGLISH) WAS
APPROVED
Exhibit P7 TRUE COPY OF APPOINTMENT ORDER DATED
27.8.2024 ISSUED BY THE 3RD RESPONDENT
Exhibit P8 TRUE COPY OF APPEAL DATED 4.9.2024
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT
