Kerala High Court
Remya K. P vs State Of Kerala on 24 March, 2023
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(C) NO. 10307 OF 2023
PETITIONER:
REMYA K. P.,
AGED 36 YEARS,
H.S.T HINDI, K.R. HIGHER SECONDARY SCHOOL, PURAMERI,
PURAMERI POST, KOZHIKODE DISTRICT, PIN - 673 503.
BY ADVS.
POOVAMULLE PARAMBIL ABDULKAREEM
K.N.KUMARASWAMY SARMA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
2 DIRECTOR OF GENERAL EDUCATION,
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANATHAPURAM, PIN - 695 014.
3 DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
VATAKARA, KOZHIKODE DISTRICT, PIN - 673 101.
4 MANAGER,
K.R. HIGHER SECONDARY SCHOOL, PURAMERI, PURAMERI
POST, KOZHIKODE DISTRICT, PIN - 673 503.
SMT.NISHA BOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.10307 of 2023 2
P.V.KUNHIKRISHNAN, J
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W.P.(C) No. 10307 of 2023
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Dated this the 24th day of March, 2023
JUDGMENT
The above writ petition is filed with the following prayers:-
i. To issue a writ of mandamus or other appropriate writ or order directing the 1st respondent to consider and pass appropriate orders on Ext.P9 revision petition adverting Exts.P7 and Ext.P10 as expeditiously as possible. ii. To issue a writ of mandamus or any other appropriate writ or order directing the 3rd respondent to approve the appointment of the petitioner as H.S.T. (Hindi) from 08/09/2021 and to disburse all consequential monetary benefits due to him. iii. To declare that the petitioner is entitled to get approval from the date of her appointment in the light of Exts.P7, P8 & P10. iv. To dispense with filing of the translation of vernacular documents.
v. To grant such other relief which this Hon'ble Court deems fit and necessary in the interest of justice.
2. When this writ petition came up for consideration, the learned counsel for the petitioner submitted that, the petitioner would be satisfied if WP(C) No.10307 of 2023 3 a direction is issued to the first respondent to consider Ext.P9 in the light of Exts. P7 and P10.
3. I have heard the learned Government Pleader also.
4. After hearing both sides, I think there can be a direction to the first respondent to consider Ext.P9 in the light of Exs.P7 and P10.
Therefore, this writ petition is disposed of with the following directions;
(i) The first respondent is directed to consider and pass appropriate orders in Ext.P9, as expeditiously as possible, at any rate, within four months from the date of receipt of a copy this judgment.
(ii) While passing orders in Ext.P9, the first respondent will also consider the applicability of Exts.P7 and P10.
(iii) The first respondent will also give an opportunity of hearing to the petitioner and the fourth respondent before passing final orders in Ext.P9.
WP(C) No.10307 of 2023 4
(iv) The petitioner will produce a certified copy of this judgment along with a copy of this writ petition before the first respondent for compliance. The writ petition is disposed as above.
Sd/-
P.V.KUNHIKRISHNAN JUDGE ak WP(C) No.10307 of 2023 5 APPENDIX OF WP(C) 10307/2023 PETITIONER EXHIBITS:-
ExhibitP1 TRUE COPY OF THE APPOINTMENT ORDER DATED 08/09/20221 OF THE PETITIONER ISSUED BY THE 4TH RESPONDENT.
ExhibitP2 TRUE COPY OF THE JUDGMENT DATED 02/11/2022 IN WP(C)NO.28572/2022.
ExhibitP3 TRUE COPY OF THE ORDER NO. B6/30381/2021 DATED 06/01/2023 ISSUED BY THE 3RD RESPONDENT.
ExhibitP4 TRUE COPY OF THE ORDER NO.
B6/8062/2022/K.DIS. DATED 30/01/2023 ISSUED BY THE 3RD RESPONDENT.
ExhibitP5 TRUE COPY OF THE APPOINTMENT ORDER DATED 03/11/2021 ISSUED BY THE 4TH RESPONDENT.
ExhibitP6 TRUE COPY OF THE NEWS ITEM PUBLISHED IN THE MATHRUBHUMI DAILY DATED 08/11/2021.
ExhibitP7 TRUE COPY OF THE G.O(P)NO.111/2022/GEDN DATED 25/06/2022 ISSUED BY THE 1ST RESPONDENT.
ExhibitP8 TRUE COPY OF THE G.O(RT)NO.5280/2022/GEDN DATED 02/09/2022 ISSUED BY THE 1ST RESPONDENT.
ExhibitP9 TRUE COPY OF THE REVISION PETITION DATED 24/02/2023 SUBMITTED BY THE PETITIONER.
ExhibitP10 TRUE COPY OF THE JUDGMENT DATED 13/03/2023 IN W.A NO.445/2023 ISSUED BY THIS HON'BLE COURT.