Kerala High Court
Smitha Mol vs State Of Kerala on 20 December, 2019
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 20TH DAY OF DECEMBER 2019 / 29TH AGRAHAYANA, 1941
WP(C).No.35326 OF 2019(M)
PETITIONER/S:
SMITHA MOL,
AGED 44 YEARS,
W/O.PRAKSH B., SUVARNA BHAVAN, MULAVANA P.O.,
KUNDARA, KOLLAM DISTRICT, PIN- 691503, NOW WORKING AS
UPPER PRIMARY SCHOOL ASSISTANT, GOVERNMENT UPPER
PRIMARY SCHOOL, ROSEMALA, KOLLAM DISTRICT.
BY ADVS.
SRI.R.SURAJ KUMAR
SRI.SUNIL J.CHAKKALACKAL
SMT.N.G.SINDHU
SMT.A.B.SHYMOL
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA,
DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695001.
2 DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN- 695014.
3 THE DEPUTY DIRECTOR (EDUCATION),
KOLLAM, KOLLAM DISTRICT, PIN- 691001.
4 THE ASSISTANT EDUCATION OFFICER,
KUNDARA, KOLLAM DISTRICT, PIN- 691501.
R1 TO R4 - SRI.P.M.MANOJ,SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.35326 OF 2019
2
JUDGMENT
Petitioner is at present working as Upper Primary School Assistant in Government Upper Primary School, Rosemala. According to the petitioner, overlooking the seniority of the petitioner, other teachers were given seniority and thereupon, in order to ventilate the grievances, petitioner has submitted Ext.P5 before the 4th respondent, i.e., the Assistant Educational Officer, Kundara, Kollam district. The sole relief sought for is finalization of Ext.P5 on an early basis, after providing notice of hearing to all concerned.
2. Having heard learned counsel for the petitioner and learned Senior Government Pleader, this writ petition is disposed of, directing the 4th respondent to finalize Ext.P5 in accordance with law, at the earliest and at any rate, within two months from the date of receipt of a copy of this judgment, after providing notice of hearing to the petitioner, the Manager of the concerned school and all other affected persons.
WP(C).No.35326 OF 2019 3 The writ petition is disposed of accordingly.
Sd/-
SHAJI P.CHALY JUDGE uu 20.12.2019 WP(C).No.35326 OF 2019 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 16.12.1996 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE ORDER OF APPOINTMENT DATED 27.01.1998 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 20.10.1998.
EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 01.06.2007.
EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED 03.07.2017 SUBMITTED BEFORE THE 4TH RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE ORDER NO.123/2017- 2018 DATED 17.07.2017.
EXHIBIT P7 TRUE COPY OF THE ORDER NO.B1/11782/2019 DD(E)(7) DATED 20.07.2019.
EXHIBIT P8 TRUE COPY OF THE APPENDIX SHOWING TRANSFER/REDEPLOYMENT OF UPSA'S EXHIBIT P9 TRUE COPY OF THE LETTER DATED 23.07.2019 ISSUED BY THE HEADMISTRESS, GOVERNMENT U.P.S, THENNILA.