Partly allowed

Sreekutty. S v. the State of Kerala

Kerala HC17 Dec 2020WP(C)/23577/2020

Case brief

AI extract

What is this about?

The Kerala High Court directed the Regional Deputy Director of Higher Secondary Education to approve the petitioner's appointment pending before him within three months of receiving a copy of the judgment, ordering the Manager to cooperate if documents are required.

What did the court decide?

Directed the 3rd respondent to approve the petitioner's appointment within three months; required the 4th respondent to furnish documents within two weeks.

Sreekutty. S Vs the State of Kerala — Pension and Retirement Benefits | 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 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942

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WP(C).No.23577 OF 2020(V)

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PETITIONER:

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SREEKUTTY. S AGED 32 YEARS WIFE OF M.CHELLESH, HIGHER SECONDARY SCHOOL TEACHER (JUNIOR) (MATHEMATICS), V I M HIGHER SECONDARY SCHOOL, PALLASSANA, PALAKKAD DISTRICT-678505.

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

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM-695001.

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2 THE DIRECTOR OF GENERAL EDUCATION, (HIGHER SECONDARY WING), HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695001.

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3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, B2 BLOCK, UP HILL, CIVIL STATION ROAD, MALAPPURAM-676505.

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4 THE MANAGER, V I M HIGHER SECONDARY SCHOOL, PALLASSANA, PALAKKAD DISTRICT-678505.

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5 THE PRINCIPAL, V I M HIGHER SECONDARY SCHOOL, PALLASSANA, PALAKKAD DISTRICT-678505.

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BY ADV. SMT. NISHA BOSE - SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)No.23577 of 2020

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JUDGMENT

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The petitioner, who is stated to have been appointed as a Higher Secondary School Teacher (Junior) in Mathematics in the VIM Higher Secondary School, Pallassana, Palakkad, which is managed by the 4^th respondent, has come before this Court seeking that the 3^rd respondent – The Regional Deputy Director of Higher Secondary Education, be directed to approve her appointment, as is evident from Ext.P1, within a time frame to be fixed by this Court.

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In response to the submissions of Sri.M.Sajjad, the learned counsel for the petitioner as afore, the learned Senior Government Pleader – Smt.Nisha Bose, submitted that if the Manager of the school produces the relevant documents in support of the proposal for approval of appointment of the petitioner before the 3^rd respondent, necessary steps for considering the same will be completed without any further delay.

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I notice that even though the 4^th respondent has been served notice through this Court through e-mail, he has chosen not to be present in person or to be represented

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through counsel; inferentially guiding me to the impression that he had no objection to the reliefs now sought for by the petitioner.

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In the afore circumstances, I order this writ petition and direct the 3^rd respondent to take appropriate action with respect to the proposal for approval of appointment of the petitioner which is stated to be pending before him, as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment.

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Needless to say, if the 3^rd respondent, during the afore process, requires any clarification or orders to be offered or produced by the 4^th respondent, he will issue him appropriate directions to do so; in which event, the 4^th respondent be obligated to furnish the same without any delay, but not later than two weeks from the date on which such requisition is made by the 3^rd respondent.

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Sd/DEVAN RAMACHANDRAN JUDGE

VPK

APPENDIX

PETITIONER'S/S ANNEXURES:

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EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 22.11.2019. EXHIBIT P2 TRUE COPY OF THE JOINT REPORT DATED 22.11.2019. EXHIBIT P3 TRUE COPY OF THE G.O.(RT)NO.4889/G.EDN. DATED 16.11.2019 OF THE GOVERNMENT. EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF THE SELECTION COMMITTEE. EXHIBIT P5 TRUE COPY OF THE MINUTES OF THE STAFF SELECTION COMMITTEE. EXHIBIT P6 TRUE COPY OF THE CONSOLIDATED MARK SHEET. EXHIBIT P7 TRUE COPY OF THE G.O.(MS)NO.125/2019/GEDN. DATED 20.8.2019 OF THE GOVERNMENT. EXHIBIT P8 TRUE COPY OF THE ORDER NO.H/13234/2019/RDD/HSE/MLPM DATED 22.1.2020 OF THE 3RD RESPONDENT. EXHIBIT P9 TRUE COPY OF THE COVERING LETTER OF THE MANAGER DATED 22.11.2019.

Sreekutty. S v. the State of Kerala

Case brief

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Sreekutty. S v. the State of Kerala

Case brief

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