Kerala High Court
Muhsina. E vs State Of Kerala on 6 September, 2024
2024:KER:67812
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WP(C) No.31610 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. 31610 OF 2024
PETITIONER:
MUHSINA. E, AGED 34 YEARS
W/O.ABDUL RAOOF. C.J., HSA (MATHEMATICS), NAMHSS
PERINGATHUR, P.O. PERINGATHUR, KANNUR RESIDING
AT MEETHALE ITTALIL, P.O. PERINGATHUR KANNUR
–, PIN - 670675
BY ADVS.
BEJOY JOSEPH P.J.
M.VIJAYAKUMAR
P.M.RAJAGOPAL
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM -, PIN - 695001
2 DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
THALASSERY, PIN - 670101
3 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE
DEPUTY DIRECTOR OF EDUCATION, KANNUR, PIN-670001
4 MANAGER, NAMHSS PERINGATHUR, NAMHSS PERINGATHUR,
P.O. PERINGATHUR, KANNUR, PIN - 670675
5 DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
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:
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WP(C) No.31610 of 2024
JUDGMENT
Dated this the 6nd day of September, 2024
The above writ petition is preferred being aggrieved by
the rejection of Ext.P4 appeal by the 3rd respondent.
2. The petitioner was appointed as HSA
(Mathematics) with effect from 01.06.2016 in the retirement
vacancy of Smt.Sushamadevi K., which arose on 31.03.2016.
The said appointment was rejected by the DEO and against
that an appeal was preferred before the 3rd respondent, Deputy
Director of Education requesting the approval of appointment
from the date of appointment. However, without notice to the
petitioner, the 3rd respondent has rejected the same.
3. Being aggrieved by the rejection of the appeal by
the 3rd respondent, the petitioner has preferred Ext.P6 revision
before the Hon'ble Minister for Education. It is submitted that
later Ext.P6 revision was forwarded to the 1 st respondent and
it is now pending before the 1st respondent. The petitioner
seeks for a direction to the 1st respondent to dispose of Ext.P6
within a time frame.
4. I have heard the learned counsel for the petitioner
and the learned Government Pleader. On considering the
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limited nature of the prayer, notice to the 4 th respondent is
dispensed with.
Therefore, this writ petition is disposed of in the
following manner:
1. The 1st respondent is directed to consider and pass
appropriate orders in Ext.P6 revision petition, that
has been forwarded to the 1 st respondent by the
Office of the Ministry of Education, within a period of
four months from the date of receipt of a certified
copy of this judgment.
2. While considering Ext.P6 as directed above, the 1 st
respondent shall afford an opportunity of hearing to
the petitioner, 4th respondent and other affected
parties, if any.
3. Till the disposal of Ext.P6 revision by the 1 st
respondent, Ext.P5 shall be kept in abeyance.
4. The petitioner shall produce a copy of this writ
petition together with a copy of this judgment before
the 1st respondent for compliance.
sd/-
P.M.MANOJ
JUDGE
das
2024:KER:67812
APPENDIX OF WP(C) 31610/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER BEARING NO.
B6/1958/2019/K.DIS DATED 29.04.2019 ISSUED
BY THE 2ND RESPONDENT.
Exhibit P2 TRUE COPY OF THE APPEAL FILED BY THE
MANAGER BEFORE THE DEPUTY DIRECTOR OF
EDUCATION DATED 14.05.2019.
Exhibit P3 TRUE COPY OF THE ORDER BEARING NO.
B6/17486/2019 DATED 09.01.2020 ISSUED BY
THE 2ND RESPONDENT.
Exhibit P4 TRUE COPY OF THE APPEAL FILED BY THE
MANAGER BEFORE THE DEPUTY DIRECTOR OF
EDUCATION DATED 20.10.2020.
Exhibit P5 TRUE COPY OF THE ORDER BEARING NO.
B1/213326/2021 DATED 31.12.2022 ISSUED BY
THE 3RD RESPONDENT.
Exhibit P6 TRUE COPY OF THE REVISION FILED BY THE
PETITIONER BEFORE THE GOVERNMENT DATED
27.02.2020.
