Kerala High Court
Viji M.Nair vs The State Of Kerala on 20 February, 2020
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 20TH DAY OF FEBRUARY 2020 / 1ST PHALGUNA, 1941
WP(C).No.4971 OF 2020(V)
PETITIONER:
VIJI M.NAIR,
WIFE OF BALAKRISHNAN, AGED 47 YEARS,
UPSA, SANATHANA DHARMA VIDYALAYA HIGHER SECONDARY
SCHOOL FOR BOYS, ALAPPUZHA,
ALAPPUZHA DISTRICT-688 013,
(RESIDING AT THEKKETHIL HOUSE, P.O.PAZHAVEEDU,
ALAPPUZHA DISTRICT-688 009), (M.8921365530).
BY ADVS.
SRI. V. A. MUHAMMED
SRI. V. RAJASEKHARAN NAIR
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II,
THIRUVANANTHAPURAM - 695 001.
2 THE DEPUTY DIRECTOR OF EDUCATION,
ALAPPUZHA - 688 001.
3 THE DISTRICT EDUCATIONAL OFFICER,
ALAPPUZHA, ALAPPUZHA DISTRICT - 688 011.
4 THE MANAGER, SDV SCHOOLS,
ALAPPUZHA - 688 013.
SMT. NISHA BOSE, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.4971 OF 2020(V)
2
JUDGMENT
Dated this the 20th day of February 2020 This writ petition is filed seeking the following prayers:
"i) call for the records relating to Exhibit P7 and set aside the original of the same by the issue of a writ of certiorari or other appropriate writ or order.
ii) declare that the Petitioner is entitled to her seniority with reference to her date of commencement of her continuous service from 01-07-2002.
iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondent to effectively consider and pass appropriate orders upon Exhibit P8 after affording an opportunity of being heard to the Petitioner within a time limit."
2. Heard the learned counsel for the petitioner and the learned Government Pleader.
3. It is submitted by the learned counsel for the petitioner that Ext.P8 revision petition is being preferred with regard to the seniority of the petitioner from the date of commencement of service. Having considered the contentions, there will be a direction to the 1st respondent to take up, consider and pass orders WP(C).No.4971 OF 2020(V) 3 on Ext.P8 revision petition preferred by the petitioner with notice to the Manager as well as all teachers likely to be effected within a period of three months from the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE SPR WP(C).No.4971 OF 2020(V) 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 27.09.2001 AND APPROVAL THEREON.
EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.07.2002 AND APPROVAL THEREON.
EXHIBIT P3 TRUE COPY OF THE G.O(RT) NO.1982/05/G.EDN. DATED 17.05.2005 OF THE GOVERNMENT.
EXHIBIT P4 TRUE COPY OF THE G.O(RT) NO.3113/2010/G.EDN. DATED 16.07.2010 OF THE GOVERNMENT.
EXHIBIT P5 TRUE COPY OF THE G.O(RT) NO.3433/2015/G.EDN. DATED 17.08.2015 OF THE GOVERNMENT.
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DEO, ALAPPUZHA DATED 03.10.2019.
EXHIBIT P7 TRUE COPY OF THE LETTER NO.B2/5485/19 DATED 10.12.2019 OF THE DEO, ALAPPUZHA.
EXHIBIT P8 TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE GOVERNMENT DATED 10.01.2020 (WITHOUT EXHIBITS).
RESPONDENT'S/S EXHIBITS: NIL.