Citation : 2024 Latest Caselaw 26902 Ker
Judgement Date : 6 September, 2024
2024:KER:67935
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WP(C) No.31635 of 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(C) NO. 31635 OF 2024
PETITIONERS:
1 RAJASREE. C, AGED 41 YEARS
W/O.SHAJI. P. NEEDLE WORK TEACHER, KOODATHAI
ST. MARY'S HIGH SCHOOL, KOODATHAI, THAMARASSERY
RESIDING AT THEKKEDATH HOUSE, P.O. PAYAMBRA,
KOZHIKODE, PIN - 673571
2 SR.JINCY MATHEW, AGED 36 YEARS
HST MALAYALAM KOODATHAI ST. MARY'S HIGH SCHOOL,
KOODATHAI, THAMARASSERY -673 573. RESIDING AT
ST.MARY'S PROVINCE, THIRUVAMBADY, KOZHIKODE,
PIN - 673603
BY ADVS.
BEJOY JOSEPH P.J.
M.VIJAYAKUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
3 DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
THAMARASSERY, PIN - 673573
2024:KER:67935
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WP(C) No.31635 of 2024
4 MANAGER, KOODATHAI ST. MARY'S HIGH SCHOOL
KOODATHAI ST. MARY'S HIGH SCHOOL, KOODATHAI,
THAMARASSERY, PIN - 673573
OTHER PRESENT:
ADV PREMCHAND R NAIR-SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:67935
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WP(C) No.31635 of 2024
JUDGMENT
Dated this the 6th day of September, 2024
The above writ petition is preferred being aggrieved
by the issuance of Exts.P1 and P2, whereby the appointment
of approval of the petitioners has been rejected by the District
Educational Officer by Exts.P1 and P3.
2. It is stated that the petitioners were appointed as
teachers under the 4th respondent Manager as Needle Work
Teacher as well as HST (Malayalam) on 06.06.2019. The
approval of appointments were granted by the District
Educational Officer, notionally from 06.06.2019 to 05.02.2021
and the salary to be paid from 06.02.2021. However, the
petitioners, being not satisfied with the approval of
appointment notionally by the District Educational officer,
have preferred appeals before the 2 nd respondent as per
Exts.P2 and P4 respectively. The petitioners seek for a
direction to dispose of Exts.P2 and P4 appeals, in the light of
Ext.P5 Government Order, within a time frame by the 2 nd
respondent.
3. I have heard Sri.M.Vijayakumar the learned 2024:KER:67935
counsel for the petitioner and Sri.Premchnd R.Nair, the
learned Government Pleader. Considering the limited nature of
the prayer sought for in the writ petition, notice to the 4 th
respondent is dispensed with.
Therefore, this writ petition is disposed of in the
following manner:
1. The 2nd respondent is directed to consider Exts.P2 and P4 appeals preferred by the petitioners against Exts.P1 and P3 and pass appropriate orders in it, in the light of Ext.P5 Government Order, within a period of two months from the date of receipt of a certified copy of this judgment.
2. While considering the appeals as directed above, the 2nd respondent shall afford an opportunity of hearing to the petitioner, 4th respondent and other affected parties, if any.
3. The petitioner shall produce a copy of this writ petition together with a copy of this judgment before the 2nd respondent for compliance.
Sd/-
P.M.MANOJ JUDGE das 2024:KER:67935
APPENDIX OF WP(C) 31635/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER BEARING NO.
K.DIS A1/21826/2021 DATED 12.05.2021 ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER.
Exhibit P2 TRUE COPY OF THE APPEAL FILED BY THE MANAGER BEFORE THE 2ND RESPONDENT DATE NOT KNOWN TO THE PETITIONER
Exhibit P3 TRUE COPY OF THE ORDER BEARING NO.
K.DIS A1/21825/2021 DATED 12.05.2021 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER.
Exhibit P4 TRUE COPY OF THE APPEAL FILED BY THE MANAGER BEFORE THE 2ND RESPONDENT DATE NOT KNOWN TO THE PETITIONER
Exhibit P5 TRUE COPY OF THE GOVERNMENT ORDER G.O. (MS) NO. 2794/2023/GEDN. DATED 08.05.2023.
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