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Shubha K.B v. State of Kerala

Kerala HC6 Sept 2021WP(C)/17993/2021

Case brief

AI extract

What is this about?

The Court issued directions to the 4th respondent (Manager of Vellamunda A.U.P School) to consider the petitioner's representation (Ext.P8) for an existing UPSA post expeditiously, affording an opportunity of being heard, and pass orders within two months.

What did the court decide?

Directions to the 4th respondent to consider Ext.P8 expeditiously after hearing and pass orders within two months.

Shubha K.B Vs State of Kerala — Service and Employment | Kerala HC (2021)

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WP(C) NO. 17993 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 MR. JUSTICE RAJA VIJAYARAGHAVAN V

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MONDAY, THE 6^TH DAY OF SEPTEMBER 2021 / 15TH BHADRA, 1943 WP(C) NO. 17993 OF 2021

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PETITIONER:

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SHUBHA K.B, UPSA AGED 39 YEARS VELLAMUNDA A.U.P SCHOOL, VELLAMUNDA, MANANTHAWADY, WAYANAD, D/O.BALAKRISHNAN.K, KOROTH HOUSE,

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VIMALA NAGAR P.O.,OZHAKKODY, WAYANAD, PIN-670731.

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BY ADVS. JIJI THOMAS SMITHA MATHEW

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE DEPUTY DIRECTOR OF EDUCATION CIVIL STATION KALPETTA NORTH, WAYANAD, PIN-673122.

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3 ASSISTANT EDUCATIONAL OFFICER, MANANATHAWADY, PIN-670731.

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4 MANAGER, VELLAMUNDA A.U.P SCHOOL, VELLAMUNDA, MANANTHAWADY, WAYANAD, PIN-670731.

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SRI BIJOY CHANDRAN, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 17993 OF 2021

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JUDGMENT

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Instance writ petition is filed seeking the following relief:

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“i) To issue a writ of mandamus or any other appropriate writ, order or direction to direct the 4th respondent to consider Ext.P8 representation submitted by the petitioner under Chapter XIVA of Rule 51A for an appointment to the existing post of UPSA in the petitioner’s school, since 2020-2021, expeditiously.”

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When this matter was taken up for consideration, Sri.Jiji

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Thomas, the learned counsel appearing for the petitioner, submits that limited request of the petitioner is for an expeditious consideration of Exhibit-P8, which is now pending before the 4th respondent.

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I have heard Sri.Bijoy Chandran, the learned Senior Government Pleader. In view of the nature of order that I propose to pass, notice to the 4th respondent is dispensed with.

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After having carefully evaluated the contentions raised in this 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:

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a) Without expressing any opinion on the merits of the

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assertions made in the representation, the 4th respondent is directed to take up, consider and pass

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WP(C) NO. 17993 OF 2021

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appropriate orders on Ext.P8 representation filed by the petitioner, 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 representatives as well as the other affected parties, if any.

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b) Orders shall be passed expeditiously, in any event, within a period of two months from the date of receipt of a copy of this judgment.

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c) It would be open to the petitioner to produce a copy of the

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writ petition along with the judgment before the concerned respondent for further action.

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The writ petition is disposed of.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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DSV

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WP(C) NO. 17993 OF 2021

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APPENDIX OF WP(C) 17993/2021

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PETITIONER'S EXHIBITS:

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Exhibit P1	A COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2016.
Exhibit P2	A COPY OF INTERIM ORDER OF THE SUPREME APEX COURT IN CIVIL APPEAL NO.3490/2016 DATED 07.04.2016.
Exhibit P3	COPY OF THE STAFF FIXATION ORDER D/47949/2019 ISSUED BY THE AEO DATED 16.07.2019.
Exhibit P4	A COPY OF THE ORDER OF THE DDE NO.B2/16105/2019 DATED 23.04.2021.
Exhibit P5	A COPY OF THE DATA SHEET TAKEN FROM THE SAMANYA PORTAL BY THE PETITIONER IN THE YEAR 2020-2021.
Exhibit P6	A COPY OF RELEVANT PAGE OF THE SERVICE BOOK OF THE PETITIONER DATED 06.07.2021.
Exhibit P7	A COPY OF THE DEPLOYMENT ORDER OF THE DDE NO.B1/3513/2021 DATED 14.07.2021.
Exhibit P8	A COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 30.07.2021.

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RESPONDENTS' EXHIBITS:

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NIL

Shubha K.B v. State of Kerala

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Shubha K.B v. State of Kerala

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