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Ivy J vs The State Of Kerala Represented By Its ...
2024 Latest Caselaw 30400 Ker

Citation : 2024 Latest Caselaw 30400 Ker
Judgement Date : 25 October, 2024

Kerala High Court

Ivy J vs The State Of Kerala Represented By Its ... on 25 October, 2024

                                            2024:KER:79489

WPC.No.37564/24                1
         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

        THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946

                  WP(C) NO. 37564 OF 2024

PETITIONER:

         IVY J.,
         AGED 53 YEARS,
         W/O.VINCENT JOSEPH HSST(JUNIOR) (MATHS) KRIST
         RAJ HIGHER SECONDARY SCHOOL, KOLLAM DISTRICT
         (RESIDING AT BAZALEL NEAR MOUNT CARMEL SCHOOL
         ROAD THANKASSERY, KOLLAM DISTRICT - 691001


         BY ADVS.
         V.A.MUHAMMED
         M.SAJJAD
         P.A.JENZIA



RESPONDENTS:

    1    THE STATE OF KERALA, REPRESENTED BY ITS
         PRINCIPAL SECRETARY TO GOVERNMENT
         GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE
         II, THIRUVANANTHAPURAM, PIN - 695 001.

    2    THE DIRECTOR OF HIGHER SECONDARY EDUCATION,
         NEW BUILDING, ULLOORLANE, JAGATHY,
         THIRUVANANTHAPURAM, PIN - 695 014.

    3    THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
                                                           2024:KER:79489

WPC.No.37564/24                          2
               EDUCATION,
               THIRUVANANATHAPURAM, PIN - 695 033.

    4          THE CORPORATE MANAGER (DIOCESE OF KOLLAM),
               KRIST RAJ HIGHER SECONDARY SCHOOL,
               KOLLAM DISTRICT, PIN - 691 001.

    5          SRI.ROYSTON.A,
               HM TURNED PRINCIPAL(NOT APPROVED), KRIST RAJ
               HIGHER SECONDARY SCHOOL, KOLLAM DISTRICT,
               PIN - 691 001.



        THIS    WRIT   PETITION    (CIVIL)      HAVING    COME    UP    FOR
ADMISSION       ON   25.10.2024,   THE       COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                    2024:KER:79489

WPC.No.37564/24                      3

                             JUDGMENT

The petitioner is working as HSST Junior

(Mathematics) in the school managed by the 4 th respondent.

The petitioner is aggrieved by the denial of promotion as

HSST, despite the fact that there is a vacancy available to

accommodate the petitioner. Even though the petitioner

submitted Ext.P3 series of letters before the 2 nd, 3rd and 4th

respondents, same were not considered.

2. Being aggrieved, the petitioner submitted

Ext.P6 appeal before the 1st respondent. The limited prayer

sought by the petitioner is to direct the 1 st respondent to pass

orders thereon within a time frame.

3. 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 1 st respondent shall

take up Ext.P6 and appropriate orders thereon shall be passed

after hearing the petitioner, the 4th and 5th respondents and 2024:KER:79489

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

passed by following the timeline and preferences mentioned in

the G.O.(Ms).No.54/2024/GEDN dated 01.06.2024.

Sd/-

ZIYAD RAHMAN A.A. JUDGE DG/25.10.24 2024:KER:79489

APPENDIX OF WP(C) 37564/2024

PETITIONER EXHIBITS

Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 30.12.2013

Exhibit P-1(a) TRUE COPY OF THE PROCEEDINGS OF THE REGIONAL DEPUTY DIRECTOR OF HIGHERSECONDARY EDUCATION VIDE NO.TRO/4/992/15/HSE DATED 02.12.2015

Exhibit P-2 TRUE COPY OF THE SENIORITY LIST OF HSST (JUNIOR) DATED 01.01.2023 UNDER THE MANAGEMENT

Exhibit P-3 TRUE COPY OF THE LETTER OF THE PETITIONER ADDRESSING THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION DATED 12.06.2024

Exhibit P-3(a) TRUE COPY OF THE LETTER OF THE PETITIONER ADDRESSING THE CORPORATE MANAGER DATED 12.06.2024

Exhibit P-3(b) TRUE COPY OF THE LETTER OF THE PETITIONER ADDRESSING THE DIRECTOR OF GENERAL EDUCATION DATED 12.06.2024

Exhibit P-4 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.

26318/2024 DATED 24.07.2024

Exhibit P-5 TRUE COPY OF THE ORDER NO. TRO-

10/5478/2024/RDD/HSE DATED 30.09.2024 OF THE DIRECTOR

Exhibit P-6 TRUE COPY OF THEAPPEAL SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 22.10.2024

 
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