Petitioner sought upgrade of HSST(Jr) to HSST based on workload and alleged discrimination. Court directed respondent to consider petition via representation after hearing. No merits adjudicated.
Direction to 2nd respondent to consider petitioner's representation after hearing and pass orders within three months.
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WP(C) NO. 15474 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
WP(C) NO. 15474 OF 2021
PETITIONER:
BETTY THOMAS AGED 46 YEARS W/O JIJO KURIAN, KANJIRAKKATTU HOUSE, KUMARAPURAM P.O, ERNAKULAM-683565, WORKING AS HSST (JR.-MALAYALAM) ST JOSEPH'S HIGHER SECONDARY SCHOOL KIZAKKAMBLAM, ERNAKULAM-683562.
BY ADVS. J.JULIAN XAVIER ASHA TREESA JOSE
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
2 DIRECTOR OF GENERAL EDUCATION OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, GOVERNMENT PRESS P O, THIRUVANANTHAPURAM, PIN-695001. 3 REGIONAL DEPUTY DIRECTOR OFFICE OF THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATIION, ERNAKULAM-682014. 4 THE MANAGER ST.JOSEPH'S HIGHER SECONDARY SCHOOL, KIZAKKAMBALAM, ERNAKULAM-683562. SMT NISHA BOSE SR GOVERNMENT PLEADER
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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
This writ petition is filed seeking the following reliefs:-
i) to issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to upgrade HSST (Jr) (Malayalam) as HSST (Malayalam) in the 4th respondent school taking into account the work load of Malayalam from 2015-2016 to 2020-2021 as pointed out in Ext.P5.
ii) Declare that non sanctioning of HSST (Malayalam) under the 4th respondent school from 2015-2016 onwards in the light of the work load is discriminatory, arbitrary and is in violation of Article 14, 16(1) of the Constitution of India as well as violative of the statutory scheme of the Chapter XXXII of KER.
(iii) Alternatively direct the 3rd respondent to forward Ext.P5 to the 2nd respondent and further direct the 2nd respondent to consider and pass orders on Ext.P5 within a time frame fixed by this Hon’ble Court.
petitioner, submits that the petitioner has preferred Ext.P7 representation
before the 2nd respondent and his limited request is for expeditious consideration of the said request with due notice.
writ petition, the submissions made across the Bar and the facts and circumstances, I am of the view that this writ petition can be disposed of by issuing the following directions:
a) Without expressing any opinion on the merits of the
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assertions made in Ext.P7 representation there will be a direction to the 2nd respondent to take up, consider and pass appropriate orders on Ext.P7, as per procedure and in strict adherence to the provisions of law, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorised representative and the 4th respondent.
any event, within a period of three months from the date of production of a copy of this judgment.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
sru
WP(C) NO. 15474 OF 2021 5
APPENDIX OF WP(C) 15474/2021
PETITIONER'S EXHIBITS:
| Exhibit P1 | TRUE COPY OF THE ORDER NO.A4/1550/HSD/RDD/EKM/2018 DATED 31.10.2018. |
|---|---|
| Exhibit P2 | TRUE COPY OF THE STAFF FIXATION ORDER NO.A1/11924/RDD/HSE/EKM/2017 DATED 06.12.2017. |
| Exhibit P3 | TRUE COPY OF THE STAFF FIXATION ORDER NO.A4/1129/RDD/HSE/EKM/2020 DATED 06.02.2020 ISSUED BY THE 3RD RESPONDENT FOR THE ACADEMIC YEAR 2019-2020. |
| Exhibit P4 | TRUE COPY OF THE REPRESENTATION DATED 20.12.2019 FILED BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT. |
| Exhibit P5 | TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE MANAGER ST.JOSEPH'S HSS KIZHAKKAMBALAM BEFORE THE 3RD RESPONDENT. |
| Exhibit P6 | TRUE COPY OF THE RELEVANT PAGES OF THE G.O (MS) NO.14/2019/GED DATED 06.02.2019 ISSUED BY THE 1ST RESPONDENT. |
| Exhibit P7 | TRUE COPY OF THE REPRESENTATION DATED 03.08.2021 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. |
| Exhibit P8 | TRUE COPY OF THE POSTAL RECEIPT DATED 05.08.2021. |
RESPONDENTS' EXHIBITS:
NIL
1 issue framed by the court
Whether the non-sanction of HSST(Malayalam) designation despite workload is discriminatory and arbitrary under Article 14 and 16(1).
3 provisions across 2 enactments
BETTY THOMAS
STATE OF KERALA
DIRECTOR OF GENERAL EDUCATION
REGIONAL DEPUTY DIRECTOR
ST.JOSEPH'S HIGHER SECONDARY SCHOOL
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
