Retired headmistress sought time-bound higher grade. Court directed Secretary, Education Department to consider petitioners representations, affording hearing, within three months.
Direction to the Secretary, Education Department to dispose of the petitioner's representations within three months after affording an opportunity of being heard.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 21ST DAY OF DECEMBER 2020 / 30TH AGRAHAYANA, 1942
WP(C).No.28623 OF 2020(C)
PETITIONER:
AJITHAKUMARI R.K., PLAVANNARA PUTHEN MATOM, THULAMPARAMBU CENTRE, HARIPAD-690 514
BY ADVS. SHRI.P.SREEKUMAR SRI.K.ARJUN VENUGOPAL SHRI.ASWIN KUMAR M J SMT.HELEN P.A. SRI.SHAHIR SHOWKATH ALI SHRI.MUHAMMED SUHAIR C.A
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001
3 THE HEADMISTRESS, ST. MARY'S LOWER PRIMARY SCHOOL, CHERUTHARA, AYAPARAMBU-690 517
BY SMT. NISHA BOSE - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 28623/20
2
JUDGMENT
Dated this the 21st day of December 2020
The petitioner says that she has retired as the Headmistress of an Aided Lower Primary School and has approached this Court seeking a direction to the official respondents to grant her the time bound higher grade, contemplated for the first promotion post, along with all consequential benefits.
WPC 28623/20
3
In the afore circumstances, I order this writ petition and direct the competent Secretary of the first respondent to take up Exhibits P4 and P5 representations of the petitioner and to dispose of the same, adverting to Exhibit P3 judgment and after affording an opportunity of being heard to her – either physically or through video conferencing – thus culminating in an appropriate decision thereon, as expeditiously as possible, but not later than three months from the date of receipt of a copy of this judgment.
Sd/Devan Ramachandran, Judge
tkv
WPC 28623/20
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF THE 2.6.1997 ISSUED TO |
APPOINTMENT ORDER DATED THE PETITIONER. |
|---|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE THE PETITIONER 1.12.2020. |
ORDER OF APPOINTMENT OF AS HEADMISTRESS DATED |
| EXHIBIT P3 | A TRUE COPY FO TH 34575 OF 2010 DATE |
E JUDGMENT IN W.P.C NO. D 5.7.2011. |
| EXHIBIT P4 | A TRUE COPY OF THE PETITIONER BEFORE 23.2.2018. |
REQUEST SUBMITTED BY THE THE 1ST RESPONDENT DATED |
| EXHIBIT P5 | A TRUE COPY OF THE PETITIONER BEFORE 4.3.2020. |
REQUEST SUBMITTED BY THE THE 1ST RESPONDENT DATED |
/TRUE COPY/
P.S. TO JUDGE
2 issues framed by the court
Whether the petitioner is entitled to the time bound higher grade contemplated for the first promotion post.
Whether the competent authority should be directed to dispose of the petitioner's representations expeditiously.
AJITHAKUMARI R.K.
STATE OF KERALA REPRESENTED BY ITS SECRETARY GENERAL EDUCATION DEPARTMENT
ASSISTANT EDUCATIONAL OFFICER
THE HEADMISTRESS, ST. MARY'S LOWER PRIMARY SCHOOL, CHERUTHARA
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
