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Kerala High Court

Aswathi V vs The State Of Kerala on 10 January, 2025

Author: N.Nagaresh

Bench: N.Nagaresh

                                             2025:KER:1724



        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                        PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

FRIDAY, THE 10TH DAY OF JANUARY 2025 / 20TH POUSHA, 1946

                 WP(C) NO. 911 OF 2025

PETITIONER:

         ASWATHI V.
         AGED 30 YEARS
         D/O. VIJAYAN, HSST (JR) (MATHEMATICS),
         IRINGANNUR HIGHER SECONDARY SCHOOL,
         P.O. IRINGANNUR, VADAKARA EDUCATION DISTRICT,
         KOZHIKKODE DISTRICT,
         RESIDING AT 'SREEPADAM',
         KODANCHERI P.O., PURAMERI VIA,
         KOZHIKKODE DISTRICT, PIN - 673503


         BY ADVS.
         DINESH KUMAR K.
         HAMDAN MANSOOR K.



RESPONDENTS:

    1    THE STATE OF KERALA
         REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
         GENERAL EDUCATION DEPARTMENT,
         SECRETARIAT ANNEX-II,
         THIRUVANANTHAPURAM, PIN - 695001

    2    THE DIRECTOR OF GENERAL EDUCATION
         JAGATHY, THIRUVANANTHAPURAM,
         PIN - 695013
                                                 2025:KER:1724
WP(C) NO.911 of 2025

                             2


    3     THE DEPUTY DIRECTOR OF EDUCATION
          MANANCHIRA, KOZHIKKODE DISTRICT,
          PIN - 673001

    4     THE DISTRICT EDUCATIONAL OFFIER
          MINI CIVIL STATION, VADAKARA,
          KOZHIKODE DISTRICT, PIN - 673101

    5     THE REGIONAL DEPUTY DIRECTOR OF EDUCATION
          HIGHER SECONDARY EDUCATION,
          THEKKEPURAM, KUTTICHIRA,
          KOZHIKODE, PIN - 673001

    6     THE MANAGER
          IRINGANNUR HIGHER SECONDARY SCHOOL,
          P.O. IRINJGANUR, VADAKARA EDUCATION DISTRICT,
          KOZHIKKODE DISTRICT,
          PIN - 673504

          SRI.SUNIL V.K,SR.GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP            FOR
ADMISSION ON 10.01.2025, THE COURT ON THE SAME            DAY
DELIVERED THE FOLLOWING:
                                                    2025:KER:1724
WP(C) NO.911 of 2025

                                 3




                           JUDGMENT

Dated this the 10th day of January, 2025 The petitioner is working as HSST (Junior) Mathematics in Iringannur Higher Secondary School, which comes under the administrative jurisdiction of the 4th respondent.

2. The petitioner was appointed as UPST in the promotion vacancy of Smt.Premya Preman, UPST who was promoted as HST (English) with effect from 06.06.2019. The same was rejected by the 4th respondent. The promotion of Smt.Premya Preman as HST (English) is already approved with effect from 15.07. 2019. The petitioner was promoted and appointed as HSST (Junior) Mathematics with effect from 15.07.2021 while working as UPST.

2025:KER:1724 WP(C) NO.911 of 2025 4

3. The petitioner submitted a Revision before the 2nd respondent and it was rejected by the 2 nd respondent. Aggrieved by the rejection of Revision by the 2nd respondent, the petitioner has filed Ext.P12 Revision Petition before the 1st respondent. As no orders are passed on the Revision Petition, the petitioner is before this Court filing the writ petition.

4. I have heard the learned counsel for the petitioner and the learned Senior Government Pleader representing the respondents.

5. The limited prayer of the petitioner is to direct the 1st respondent to consider and pass orders on Ext.P12 Revision Petition filed by the petitioner. As Ext.P12 is a statutory Revision Petition, it would be only just and proper that the 1st respondent considers the same and pass orders thereon within a reasonable time.

2025:KER:1724 WP(C) NO.911 of 2025 5 The writ petition is accordingly disposed of directing the 1st respondent to consider Ext.P12 Revision Petition and pass appropriate orders thereon in accordance with law, within a period of four months.

Sd/-

N.NAGARESH JUDGE hmh 2025:KER:1724 WP(C) NO.911 of 2025 6 APPENDIX OF WP(C) 911/2025 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 06/06/2019 Exhibit P2 TRUE COPY OF THE ORDER NO. B3/ 13332/2019 DATED 22/09/2020 ISSUED BY THE 4TH RESPONDENT Exhibit P3 TRUE COPY OF THE ORDER NO.

B3/13336/2019 DATED 27/10/2023 ISSUED BY THE 4TH RESPONDENT Exhibit P4 TRUE COPY OF THE ORDER NO.

B3/13335/2019 DATED 24/07/2024 ISSUED BY THE 4TH RESPONDENT Exhibit P5 TRUE COPY OF THE ORDER NO.

B3/714705/2024 DATED 24/07/2024 ISSUED BY THE 4TH RESPONDENT Exhibit P6 TRUE COPY OF THE APPOINTMENT ORDER DATED 15/07/2021 ISSUED BY THE MANAGER Exhibit P7 TRUE COPY OF THE LEAVE APPLICATION DATED 07/10/2019 SUBMITTED BY THE PETITIONER Exhibit P8 TRUE COPY OF TRANSFER & CONDUCT CERTIFICATE DATED 27/03/2023 ISSUED BY THE COLLEGE PRINCIPAL Exhibit P9 TRUE COPY OF CERTIFICATE OF ATTENDANCE DATED 11/08/2023 WHICH WAS ISSUED BY THE COLLEGE PRINCIPAL 2025:KER:1724 WP(C) NO.911 of 2025 7 Exhibit P10 TRUE COPY OF THE ORDER NO.

RDDHSE/KKD/1501/2023-SR.CLK(A6) DATED 04/07/2023 ISSUED BY THE 5TH RESPONDENT Exhibit P11 TRUE COPY OF THE ORDER NO.EM3/10390/2024/DGE DATED 22/12/2024 ISSUED BY THE 2ND RESPONDENT Exhibit P12 TRUE COPY OF THE REVISION PETITION DATED 22/12/2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT