Leena T. M vs Director Of General Education
2024 Latest Caselaw 29997 Ker

Kerala High Court

Leena T. M vs Director Of General Education on 22 October, 2024

                                            2024:KER:78318
WP(C) NO. 37070 OF 2024

                             1

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

        THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946

                  WP(C) NO. 37070 OF 2024

PETITIONER:

          LEENA T. M.
          AGED 48 YEARS
          W/O OAMPRAKASH, HIGHER SECONDARY SCHOOL TEACHER
          (JUNIOR) MATHEMATICS, P.M.S.A.M.A.HIGHER
          SECONDARY SCHOOL, CHEMMANKADAVU, KODUR P.O.,
          MALAPPURAM DISTRICT. RESIDING AT OAM VIHAR,
          KANNATHUPARA, DOWNHILL P.O., MALAPPURAM,
          PIN - 676519

          BY ADVS.
          SOHAIL MOHAMMED ANSARY
          V.RAJENDRAN (SR.)
          AMEENA.R
          M.S.MOHAMMED ANSARY
RESPONDENTS:

    1     DIRECTOR OF GENERAL EDUCATION
          DIRECTORATE OF GENERAL EDUCATION, JAGATHI,
          THIRUVANANTHAPURAM, PIN - 695014

    2     REGIONAL DEPUTY DIRECTOR OF HIGHER EDUCATION
          MALAPPURAM DIVISION, B2 BLOCK, CIVIL STATION,
          MALAPPURAM, PIN - 676505
                                                       2024:KER:78318
WP(C) NO. 37070 OF 2024

                                   2

    3          THE DISTRICT EDUCATIONAL OFFICER
               B2 BLOCK CIVIL STATION, MALAPPURAM,
               PIN - 676505

    4          THE MANAGER
               P.M.S.A.M.A.HIGHER SECONDARY SCHOOL,
               CHEMMANKADAVU, KODUR P.O.,
               MALAPPURAM DISTRICT, PIN - 676504

    5          THE PRINCIPAL
               P.M.S.A.M.A.HIGHER SECONDARY SCHOOL,
               CHEMMANKADAVU, KODUR P.O.,
               MALAPPURAM DISTRICT, PIN - 676504

               BY ADV
               ADV VENUGOPAL V. - GOVERNMENT PLEADER


        THIS    WRIT   PETITION    (CIVIL)   HAVING    COME    UP    FOR
ADMISSION       ON   22.10.2024,   THE   COURT   ON   THE     SAME   DAY
DELIVERED THE FOLLOWING:
                                                   2024:KER:78318
WP(C) NO. 37070 OF 2024

                                3


                           JUDGMENT

The petitioner while working as HST (Mathematics)

was given appointment of HSST (Junior) by way of by-

transfer appointment. However, approval of the same was

declined by Ext.P2. Being aggrieved, the petitioner submitted

Ext.P3 appeal before the 1st respondent, which is now

pending consideration. The limited prayer sought by the

petitioner is to direct the 1st respondent to take a decision on

the said appeal 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

1st respondent shall take up Ext.P3 and take a decision

thereon, after hearing the petitioner, the respondents 4, 5 and

other affected parties, if any. Orders in this regard shall be

passed within a period of two months from the date of receipt 2024:KER:78318 WP(C) NO. 37070 OF 2024

of a copy of this judgment. In the meantime, the petitioner

shall be paid salary in the lower post namely, HST, if she is

otherwise eligible.

Sd/-

ZIYAD RAHMAN A.A. JUDGE scs 2024:KER:78318 WP(C) NO. 37070 OF 2024

APPENDIX OF WP(C) 37070/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER DATED 25/09/2023

Exhibit P2 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 01/08/2024

Exhibit P3 TRUE COPY OF THE APPEAL DATED 12/08/2024 FILED AGAINST EXHIBIT P2 ORDER BEFORE THE 1ST RESPONDENT

Exhibit P4 TRUE COPY OF CIRCULAR NO.23323/JI/89/G.EDN. DATED 6/11/1989