Remanded

Ancy Thomas v. State of Kerala

Kerala HC26 Nov 2020WP(C)/23486/2020

Case brief

AI extract

What is this about?

Petitioner approached this Court alleging that certain revised petitions (Exts.P25-P28) were omitted from disposal despite a prior judgment directing their consideration. The Court expressed displeasure at the omission and directed the Government to dispose of these revisions within two months after hearing the petitioner, Manager, and affected teachers physically or via video conferencing.

What did the court decide?

Directs the competent Secretary of the Government to dispose of the omitted revision petitions (Exts.P25 to P28) within two months after hearing the petitioner, Manager, and affected teachers physical

Ancy Thomas Vs State of Kerala — Service and Employment | Kerala HC (2020)

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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 DEVAN RAMACHANDRAN

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THURSDAY, THE 26TH DAY OF NOVEMBER 2020 / 5TH AGRAHAYANA, 1942

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WP(C).No.23486 OF 2020(I)

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PETITIONER:

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ANCY THOMAS AGED 49 YEARS W/O. JOSE JOSEPH, H.S.A , S.H.G.H.S, MUTHALAKODAM, THODUPUZHA, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF KOTHAMANGALAM, RESIDING AT THAZHATHUVEETTIL, KALLIYAR P.O, THODUPUZHA, IDUKKI DISTRICT

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BY ADV. SRI.B.MOHANLAL

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RESPONDENTS:

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1 STATE OF KERALA

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REPRESENTED BY ITS SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001

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2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM 695 014

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3 THE DEPUTY DIRECTOR OF EDUCATION, KAKKANAD, EERNAKULAM 682 030

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4 THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI, IDUKKI 685 602

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5 THE DISTRICT EDUCATIONAL OFFICER, KATTAPANA, IDUKKI 685 508

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6 THE DISTRICT EDUCATIONAL OFFICER, KOTHAMANGALAM, ERNAKULAM 686 691

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7 THE DISTRICT EDUCATIONAL OFFICER, MOOVATTUPUZHA, MOOVATTUPUZHA P.O, ERNAKULAM 686 661

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8 THE ASSISTANT EDUCATIONAL OFFICER, KALLOORKKAD, MOOVATTUPUZHA, ERNAKULAM 686 661

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9 THE MANAGER,

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CORPORATE EDUCATIONAL AGENCY, DIOCESE OF KOTHAMANGALAM, BISHOPS HOUSE, KOTHAMANGALAM, ERNAKULAM DISTRICT 689 691

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WP(C).No.23486 OF 2020 2

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10 THE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF IDUKKI, BISHOPS HOUSE, IDUKKI 685 602

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SRI. UNNIKRISHNA KAIMAL -GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.23486 OF 2020 3

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JUDGMENT

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The petitioner has approached this Court

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with a singular grievance that, even though

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in Ext.P29 judgment the Government was directed to consider and pass orders on Exts.P25 to P28 Revision Petitions, Ext.P30

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order has been issued wherein certain other connected Revisions have been disposed of, but not the afore ones. The petitioner, therefore, prays that Ext.P25 to P28

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Revisions also be directed to be disposed of by the Government at the earliest.

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In response to the submissions of

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Shri.B.Mohan Lal, learned counsel for the petitioner, the learned Government Pleader, Shri.Unnikrishna Kaimal, submitted that

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Ext.P30 order has been issued in sincere compliance of the directions in Ext.P29 judgment, but that due to an inadvertent omission Exts.P25 to P28 Revisions were

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omitted to be disposed of along with the connected revisions and sought the pardon of

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WP(C).No.23486 OF 2020 4

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this Court; adding that the said revisions will be disposed of without any further delay.

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Taking note of the afore submissions and expressing displeasure in the manner in which Ext.P30 has been issued in spite of the directions in Ext.P29 judgment, I order this writ petition and direct the competent Secretary of the Government to take up these

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revisions and dispose of the same, as implicitly directed in the judgment - which is to mean that the petitioner, Manager and the affected Teachers be heard – either physically or through video conferencing – thus leading to an appropriate order thereon, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment.

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Sd/-

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DEVAN RAMACHANDRAN JUDGE

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MC/27.11.2020

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WP(C).No.23486 OF 2020 5

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	THE TRUE COPY OF DATED 08-10-2002 RESPONDENT TO THE	THE APPOINTMENT ORDER ISSUED BY THE 9TH PETITIONER.
EXHIBIT P2	THE TRUE COPY OF DATED 06-01-2003 RESPONDENT TO THE	THE APPOINTMENT ORDER ISSUED BY THE 9TH PETITIONER.
EXHIBIT P3	THE TRUE COPY OF B4/553/2003/L.DIS BY THE 5TH RESPON	THE ORDER NO. DATED 11-07-2003 ISSUED DENT TO THE PETITIONER.
EXHIBIT P4	THE TRUE COPY OF DATED 17/11/2003 RESPONDENT TO THE	THE ORDER NO. B4/7654/03 ISSUED BY THE 5TH PETITIONER.
EXHIBIT P5	THE TRUE COPY OF 61419/2003/DPI DA THE 2ND RESPONDEN	THE ORDER NO. EM(4)- TED 07-01-2004 ISSUED BY T
EXHIBIT P6	THE TRUE COPY OF DATED 12-10-2006 RESPONDENT TO THE	THE APPOINTMENT ORDER ISSUED BY THE 9TH PETITIONER.
EXHIBIT P7	THE TRUE COPY OF DATED 24-07-2007 RESPONDENT TO THE	THE ORDER NO. B5/2831/07 ISSUED BY THE 4TH 9TH RESPONDENT
EXHIBIT P8	THE TRUE COPY OF DATED 07-06-2007 RESPONDENT TO THE	THE APPOINTMENT ORDER ISSUED BY THE 9TH PETITIONER.
EXHIBIT P9	THE TRUE COPY OF B4/8851/07/L. DIS BY THE 5TH 5TH RE RESPONDENT.	THE ORDER NO. DATED 10-09-2007 ISSUED SPONDENT TO THE 9TH
EXHIBIT P10	THE TRUE COPY OF 101/05/A-04 DATED THE 9TH RESPONDEN	THE APPLICATION NO. 02-01-2008 SUBMITTED BY T TO THE 4TH RESPONDENT.
EXHIBIT P11	THE TRUE COPY OF DATED 02-06-2008 RESPONDENT TO THE	THE APPOINTMENT ORDER ISSUED BY THE 9TH PETITIONER
EXHIBIT P12	THE TRUE COPY OF 01-2009 SUBMITTED THE 2ND RESPONDEN	THE APPLICATION DATED 20- BY THE PETITIONER BEFORE T.

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WP(C).No.23486 OF 2020 6

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EXHIBIT P13	THE TRUE COPY OF THE ORDER NO. B4- 3546/2008/K.DIS DATED 18-02-2009 ISSUED BY THE 6TH RESPONDENT
EXHIBIT P14	THE TRUE COPY OF THE APPOINTMENT ORDER DATED 01-06-2009 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER
EXHIBIT P15	THE TRUE COPY OF THE ORDER NO. B4- 7790/09/K.DIS DATED 31-10-2009 ISSUED BY THE 3RD RESPONDENT
EXHIBIT P16	THE TRUE COPY OF THE ORDER NO. C- 1325/09/K.DIS DATED 23-12-20009 ISSUED BY THE 8TH RESPONDENT.
EXHIBIT P17	THE TRUE COPY OF THE RODER NO. EC(2)/5226/2009/DPI./D.DIS DATED 28-05-2010 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P18	THE TRUE COPY OF THE APPLICATION DATED 16- 06-2010 SUBMITTED BY THE PETITIONER BEFORE THE 7TH RESPONDENT D.E.O MOOVATTUPUZHA
EXHIBIT P19	THE TRUE COPY OF THE ORDER NO. B6/233/2010/K.DIS DATED 17-06-2010 ISSUED BY THE 7TH RESPONDENT.
EXHIBIT P20	THE TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 12-09-2010 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT
EXHIBIT P21	THE TRUE COPY OF THE ORDER NO. EC(2)/56728/2010/DPI DATED 06-01-2011 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P22	THE TRUE COPY OF THE ORDER NO. F5/55032/10/DPI/K.DIS DATED 01-07-2011 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P23	THE TRUE COPY OF THE MEMORANDUM OF REVISION NO.G/1454/09/C-05 DATED 23-08-2011 FILED BY THE 9TH RESPONDENT BEFORE THE 1ST RESPONDENT
EXHIBIT P24	THE TRUE COPY OF THE ORDER NO. 16/11/JSP/CM DATED 16-12-2011 ISSUED BY THE 3RD RESPONDENT
EXHIBIT P25	THE TRUE COPY OF THE REVISION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 25-10-2010 AGAINST EXT. P17 ORDER

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WP(C).No.23486 OF 2020 7

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EXHIBIT P26 THE TRUE COPY OF THE REVISION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 26-11-2011 Against ext.p6 order EXHIBIT P27 THE TRUE COPY OF THE REVISION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 14-06-2010 AGAINST EXT.P15 ORDER

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EXHIBIT P28 THE TRUE COPY OF THE REVISION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 10-01-2012 AGAINST EXT. P22 ORDER

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EXHIBIT P29 THE TRUE COPY OF THE JUDGMENT DATED 28-112016 IN W.P(C) NO. 37951/2016 OF THIS HON'BLE COURT EXHIBIT P30 THE TRUE COPY OF THE G.O(RT) NO. 1877/2017/G.EDN DATED 14-06-2017 ISSUED BY THE GOVERNMENT.

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(TRUE COPY) PA TO JUDGE

Ancy Thomas v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ancy Thomas v. State of Kerala

Case brief

What is this about?

What did the court decide?

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