Disposed

M.Kamarullaila, v. the State of Kerala

Kerala HC5 Jul 2021WP(C)/13239/2021

Case brief

AI extract

What is this about?

The Court directed the Government (1st respondent) to consider and pass orders on the petitioner's revision petition (Exhibit P6) regarding her appointment as Headmistress. The Court ordered that the petitioner and potentially other affected teachers must be heard before any order is passed, requiring the decision within two months.

What did the court decide?

Order to the 1st respondent to consider and pass orders on the revision petition after hearing the petitioner and any other affected teachers within two months.

M.Kamarullaila, Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

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WP(C) NO. 13239 OF 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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MONDAY, THE 5TH DAY OF JULY 2021 / 14TH ASHADHA, 1943

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WP(C) NO. 13239 OF 2021

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PETITIONER:

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M.KAMARULLAILA
AGED 50 YEARS, D/O KHADAR MULLAPPALLY,
HEADMISTRESS, PPTMAALP SCHOOL, PUNNAKKAD, MANKADA,
MALAPPURAM DISTRICT 679 324

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BY ADVS.
V.A.MUHAMMED
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 695 001

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2 THE DEPUTY DIRECTOR OF EDUCATION, DOWN HILL, MALAPPURAM DISTRICT 676519

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3 THE DISTRICT EDUCATIONAL OFFICER, B2 BLOCK, CIVIL STATION, MALAPPURAM DISTRICT 676 505

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4 THE ASSISTANT EDUCATIONAL OFFICER, MANKADA, MALAPPURAM DISTRICT 679 324

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5 THE MANAGER, PPTMALP SCHOOL, PUNNAKKAD, MANKADA, MALAPPURAM DISTRICT 679 324

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 13239 OF 2021

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JUDGMENT

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This writ petition is filed seeking the following reliefs:

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(1) call for the records relating to Exhibit P2 and P4 and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.

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(2) issue a writ of mandamus or other appropriate writ, order or direction commanding the 3^rd respondent to approve the appointment of the petitioner as Headmistress from 01.05.2020 and disburse the attendant benefits forthwith.

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(3) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1^st respondent to consider and pass appropriate orders on Exhibit P6 after affording an opportunity of being heard to the petitioner within a time limit.

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Heard the learned counsel for the petitioner and the learned

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Government Pleader.

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It is submitted that the petitioner was appointed as Headmistress in the 5^th respondent’s school in a vacancy which arose on 01.05.2020. The approval was rejected on the ground that the petitioner is not qualified and that she had not attained the age of 50 years either. It is further stated that the proposal was not sent up in time. Though the petitioner preferred an appeal against the order of rejection, the same is also rejected by Ext.P4 on the ground that appeal was belated. The learned counsel for the petitioner submits that by Ext.P5 order dated 19.01.2021 the delay in forwarding the

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proposal had already been condoned. It is further submitted that there are no

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WP(C) NO. 13239 OF 2021
 3

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other qualified teachers available in the school for appointment and therefore the issue of approval of appointment, at least as teacher in charge until the petitioner attains the age of 50 years may be considered. The petitioner has preferred Ext.P6 revision petition before the Government.

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In the above view of the matter, there will be a direction to the 1^st respondent to take up, consider and pass orders on Ext.P6 revision petition preferred by the petitioner with notice to the petitioner as well as the 5^th respondent and after hearing them through any appropriate means, including by video conferencing. It is made clear that in case there are any other teachers likely to the affected by the orders to be passed on the revision petition filed by the petitioner, they shall also be put on notice and heard before orders are passed as directed above. Orders shall be passed within a period of two months from the date of receipt of a copy of this judgment.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

SVP

WP(C) NO. 13239 OF 2021

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APPENDIX

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PETITIONER ANNEXURE

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Exhibit P1 TURE COPY OF THE APPOINTMENT APPROVAL
APPLICATION FORM
Exhibit P2 TRUE COPY OF THE ORDER NO.D/4654/2020
DATED 23.10.2020 OF THE AEO, MANKADA
Exhibit P3 TRUE COPY OF THE APPEAL APPLICATION
Exhibit P4 TRUE COPY OF THE ORDER NO.B1/193644/2020
DATED 26.04.2021 OF THE DEO
Exhibit P5 TRUE COPY OF THE ORDER
NO.B3/34240/2020/K.DIS DATED 19.01.2021 OF
THE DDE
Exhibit P6 TRUE COPY OF THE REVISION PETITION FILED
BEFORE THE GOVERNMENT DATED 10.05.2021.

M.Kamarullaila, v. the State of Kerala

Case brief

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M.Kamarullaila, v. the State of Kerala

Case brief

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