Disposed

Jesy Joseph v. State of Kerala

Kerala HC6 Dec 2019WP(C)/22664/2019

Case brief

AI extract

What is this about?

Petitioner prayed for appointment as Headmistress, setting aside transfer orders, and directing responses to representation petitions. Court disposed of writ by directing the Director of General Education to finalize representation proceedings with notice to parties within two months.

What did the court decide?

Direction to the 3rd respondent to finalize the representation petition and appoint the petitioner within two months after notice of hearing to all concerned.

Jesy Joseph Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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FRIDAY, THE 06TH DAY OF DECEMBER 2019 / 15TH AGRAHAYANA, 1941

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WP(C).No.22664 OF 2019(G)

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PETITIONER :

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JESY JOSEPH, AGED 46 YEARS, W/O.JOYPRADEEP.K.A, WORKING AS HEADMISTRESS, CMSHSS, ARAPATTA, MEPPADI.P.O, WAYAND DISTRICT-673577, RESIDING AT PEARL, VARALATTIL PARAMBA, EDAKKADU.P.O, CALICUT-673005

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BY ADV. SRI.ANOOP.V.NAIR

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RESPONDENTS :

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1 STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHPUARAM-695001

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2 THE CORPORATE MANAGER, CORPORATE MANAGEMENT OF CSI, DIOCESAN SCHOOLS, (ALL CSI SCHOOLS IN MALABAR AND WAYANAD AREA), CSI OFFICE, BANK ROAD, KOZHIKODE DISTRICT-673001

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3 THE DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION, THIRUVANANTHAPURAM-695001

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4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, DIRECTORATE OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001

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5 THE DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DEO, KOZHIKODE-673004

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6 THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DEO, WAYANAD DISTRICT-673122

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7 BINDHYA MARY JOHN.N, HEADMISTRESS, B.E.M.GIRLS HSS MANACHIRA, KOZHIKODE-673001

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R2 BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD

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SRI. JESTIN MATHEW, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.22664 OF 2019(G)

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JUDGMENT

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This writ petition is filed by the petitioner seeking the following reliefs :-

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(i) issue a writ of Certiorari calling for the records leading to Ext.P2 and set aside Ext.P2.

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(ii) issue a writ of Certiorari calling for the records leading to Ext.P3 and set aside Ext.P3.

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(iii) issue a Writ of Mandamus or any other writ, order or direction directing the respondent No.2 to consider and pass orders on Ext.P6 in accordance with law, within a time frame fixed by this Court.

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(iv) issue a Writ of Mandamus or any other writ, order or direction directing the respondent No.4 to consider and pass orders on Ext.P9 in accordance with law within a time frame fixed by this Court.

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(v) issue a Writ of Mandamus or any other writ, order or direction directing the respondents 1, 3 and 4 to direct the 2^nd respondent to appoint the petitioner as Headmistress in B.E.M Girls HSS, Kozhikode, cancelling Ext.P3 order.

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(vi) issue a writ of mandamus or any other writ, order or direction directing the 3^rd and 4^th respondents to direct the 2^nd respondent to recall Exts.P2 and P3 orders and appoint the petitioner at B.E.M Girls HSS, Kozhikode forthwith in the post of Headmistress.

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WP(C).No.22664 OF 2019(G)

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The subject issue relates to the transfer appointment of the petitioner overlooking the seniority of the petitioner and granting benefits to the 7^th respondent. Even though notice is addressed to the 7^th respondent in the correct address, it was not returned and therefore notice is declared to be complete on the 7^th respondent. The learned counsel for the petitioner submitted that the petitioner is at present working in Wayanad District and it would suffice if a direction is issued to the Director of General Education to finalise Ext.P9 representation, after providing notice of hearing to all concerned. Therefore, even though a detailed counter affidavit is filed by the Manager of the school, I am not going into the merits of the matter.

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Therefore, after having heard the respective counsel across the bar, this writ petition is disposed of directing the 3^rd respondent to finalise Ext.P9, in accordance with law and attain finality, at the earliest and at any rate, within a period of two months from the date of receipt of a copy of this judgment, after providing notice of hearing to

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WP(C).No.22664 OF 2019(G)

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the petitioner, the Corporate Manager as well as the 7^th respondent, taking into account Ext.P7 judgment and Ext.P8

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order of the DPI.

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Sd/-

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SHAJI P. CHALY JUDGE

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RKM

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WP(C).No.22664 OF 2019(G)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ORDER DATED 16.05.2019 ISSUED BY THE 2ND RESPONDENT TRANSFERRING THE PETITIONER FROM MALABAR CHRISTIAN COLLEGE-KOZHIKODE TO B.E.M.P.H.S.S, THALASSERY

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EXHIBIT P2 TRUE COPY OF THE TRANSFER ORDER DATED 29.05.2019 ISSUED BY THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE TRANSFER PROCEEDINGS DATED 30.07.2019 ISSUED BY THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF SENIORITY LIST OF TEACHERS BELONGING TO HIGH SCHOOLS UNDER THE 2ND RESPONDENT AS ON 01.01.2018 EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 12.07.2019 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED 31.07.2019 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 06.02.2019 IN WP9C)NO.1708/2010

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EXHIBIT P8 TRUE COPY OF THE ORDER DATED 15.11.2018 BEARING NO.EM(6)/52553/2018/KDS/DPI ISSUED BY THE 4TH RESPONDENT'S OFFICE

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EXHIBIT P9 TRUE COPY OF THE APPEAL PETITION DATED 13.08.2019 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT

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WP(C).No.22664 OF 2019(G)

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Jesy Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jesy Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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