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Rajasree. C vs State Of Kerala
2024 Latest Caselaw 26902 Ker

Citation : 2024 Latest Caselaw 26902 Ker
Judgement Date : 6 September, 2024

Kerala High Court

Rajasree. C vs State Of Kerala on 6 September, 2024

                                           2024:KER:67935
                             1
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
                            2
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
                                     3
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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