Kerala High Court
C.T. Maggy vs The State Of Kerala on 4 April, 2017
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 7TH DAY OF NOVEMBER 2017/16TH KARTHIKA, 1939
WP(C).No. 35615 of 2017 (B)
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PETITIONER(S):
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C.T. MAGGY,
WIFE OF K.K.THOMAS, AGED 54 YEARS,
HIGHER SECONDARY SCHOOL TEACHER (MATHS),
V R A M M HIGHER SECONDARY SCHOOL, THAIKKAD,
GURUVAYUR-680104, THRISSUR DISTRICT.
BY ADVS.SRI.V.A.MUHAMMED
SRI.V.RAJASEKHARAN NAIR
RESPONDENT(S):
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1. THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION,
HOUSING BOARD BUILDINGS, SANTHI NAGAR,
THIRUVANANTHAPURAM-695001.
3. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION ,ERNAKULAM AT EDAPPALLY-682024.
4. THE DISTRICT EDUCATIONAL OFFICER,
CHAVAKKAD, THRISSUR DISTRICT-680506.
5. THE PRINCIPAL, V R A M M HIGHER SECONDARY SCHOOL,
THAIKKAD, GURUVAYUR-680104,
THRISSUR DISTRICT.
6. THE HEADMASTER, V R A M M HIGHER SECONDARY SCHOOL,
THAIKKAD, GURUVAYUR-680104,
THRISSUR DISTRICT.
7. THE MANAGER, V R A M M HIGHER SECONDARY SCHOOL,
THAIKKAD, GURUVAYUR-680104,
THRISSUR DISTRICT.
R1 TO R4 BY SENIOR GOVERNMENT PLEADER SRI.BIJOY CHANDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07-11-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
TS
WP(C).No. 35615 of 2017 (B)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT
DATED 04.04.2017.
EXHIBIT P2 TRUE COPY OF THE G.O.(MS) NO.162/98/G.EDN. DATED 13.05.1998
OF THE GOVERNMENT.
EXHIBIT P3 TRUE COPY OF THE DECISION REPORTED
IN 2008 (1) KHC 293 (DB) DATED 04.12.2007.
EXHIBIT P4 TRUE COPY OF THE G.O. (RT.) NO.4314/98/G. EDN.
DATED 05.11.1998 OF THE GOVERNMENT.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.33755/2016-T
DATED 7.12.2016.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.32084/2017
DATED 09.10.2017.
EXHIBIT P7 TRUE COPY OF THE ORDER NO.ACD.A2/50715/2016/HSE
DATED 13.09.2017 OF THE 2ND RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE
THE GOVERNMENT DATED 13.10.2017.
RESPONDENT(S)' EXHIBITS - NIL
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TRUE COPY
PS TO JUDGE
TS
P.V.ASHA, J.
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W.P(C) No.35615 of 2017-B
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Dated this the 7th day of November, 2017
JUDGMENT
The petitioner, who was working as H.S.A (Maths), got appointment as HSST (Maths) under the 7th respondent's school. But the proposal for approval of her appointment was declined by the 3rd respondent as per Ext.P7 order on the ground that there was no selection committee convened. Aggrieved by Ext.P7 order, the petitioner has submitted Ext.P8 revision petition before the 1st respondent. The only relief sought in this writ petition is for a direction to the 1st respondent to consider Ext.P8 revision petition.
In the above circumstances, the writ petition is disposed of directing the 1st respondent to consider and pass orders on Ext.P8 revision petition, after affording an opportunity of hearing to the petitioner and the 7th respondent as also any other teacher who is likely to be affected, within a period of two months. In the meanwhile there shall be a direction to respondents 3 and 4 to see that the petitioner is paid salary admissible to the lower post.
Sd/- (P.V.ASHA, JUDGE) rtr/