The High Court directed the Government to consider a revision petition regarding the petitioner's appointment approval, allowing the hearing by any means including video conferencing.
Direction to consider revision petition and pass orders within three months with opportunity of hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942
WP(C).No.29052 OF 2020(F)
PETITIONER:
REJI C.A.
AGED 41 YEARS WIFE OF AJITH LAL, UPPER PRIMARY SCHOOL TEACHER, M V HIGHER SECONDARY SCHOOL, ARUMANOOR, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT-695525.
BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695014.
GP- SRI. UNNIKRISHNA KAIMAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.29052 OF 2020
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JUDGMENT
This writ petition is filed seeking the following prayers:
“(i) call for the records relating to Exhibit P-1 and set aside the original of the same to the extent it denies approval from 08.11.2010 onwards by the issue of a writ of certiorari or other appropriate writ or order.
(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 4th respondent to grant approval to Exhibit P-1 forthwith.
(iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st respondent to effectively consider and pass appropriate orders upon Exhibit P-11 after affording an opportunity of being heard to the petitioner within a time limit.”
WP(C).No.29052 OF 2020
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liable to be considered in accordance with law.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
NP
WP(C).No.29052 OF 2020
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE PETITIONER DATED |
APPOINTMENT ORDER OF THE 8.11.2010. |
|---|---|---|
| EXHIBIT P2 | TRUE COPY OF THE DATED 24.2.2011 O NEYYATTINKARA. |
LETTER NO.B4/10916/10 F THE DEO, |
| EXHIBIT P3 | TRUE COPY OF THE 2012/K.DIS. DATED THIRUVANANTHAPURA |
ORDER NO.B5/11015/ 28.2.2013 OF THE DDE, M. |
| EXHIBIT P4 | TRUE COPY OF THE 2010-2011 NO.B4/3 12.1.2011 OF THE |
STAFF FIXATION ORDER 578/10/D.DIS. DATED DEO, NEYYATTINKARA. |
| EXHIBIT P5 | TRUE COPY OF THE DATED 2.8.2010. |
VERIFICATION REPORT |
| EXHIBIT P6 | TRUE COPY OF THE BEFORE THE 2ND RE |
APPEAL PETITION FILED SPONDENT 17.3.2011. |
| EXHIBIT P7 | TRUE COPY OF THE NO.RA(I)/30736/20 17.8.2012 OF THE |
ORDER 12/DPI/K.DIS. DATED 2ND RESPONDENT. |
| EXHIBIT P8 | TRUE COPY OF THE BEFORE THE GOVERN |
REVISION PETITION FILED MENT DATED 15.9.2012. |
| EXHIBIT P9 | TRUE COPY OF THE (RT)NO.2287/2013/ OF THE GOVERNMENT |
G.O. G.EDN. DATED 31.5.2013 . |
| EXHIBIT P10 | TRUE COPY OF THE (RT)NO.343/2018/G THE GOVERNMENT. |
G.O. .EDN. DATED 19.1.2018 OF |
| EXHIBIT P11 | TRUE COPY OF THE BEFORE THE GOVERN |
REVISION PETITION FILED MENT DATED 21.5.2020. |
RESPONDENT'S/S EXHIBITS: NIL
3 issues framed by the court
Whether to direct the Government to consider the revision petition regarding the petitioner's appointment approval.
Whether to direct the issue of the appointment order with effect from the initial date or from the later approved date.
Whether to ensure monetary benefits are disbursed if the petitioner is found eligible.
Reji C.A.
The State of Kerala
The Director of General Education
The Deputy Director of Education
The District Educational Officer
The Manager, M V Higher Secondary School
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
