Disposed

Jyolsna G., v. State of Kerala

Kerala HC8 Jan 2021WP(C)/524/2021

Case brief

AI extract

What is this about?

The Court in this writ petition involving a teacher's status and pending revision petitions did not decide the merits of the claim. Instead, it directed the 2nd respondent to consider the pending revision petitions after affording notice and hearing to the parties within two months.

What did the court decide?

Direction to the 2nd respondent to consider revision petitions P7 and P8 after notice and hearing within two months.

Jyolsna G., Vs State of Kerala — Education and Admissions | Kerala HC (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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FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

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WP(C).No.524 OF 2021

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PETITIONER:

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JYOLSNA G., AGED 30 YEARS W/O. BIJUL K., UPPER PRIMARY SCHOOL TEACHER (UNAPPROVED), MOOTHEDATH HIGHER SECONDARY SCHOOL, TALIPARAMBA, TALIPARAMBA P.O., KANNUR DISTRICT. PIN - 670141, RESIDING AT KONGINI HOUSE, ADIKKUMPARA P.O., TALIPARAMBA, KANNUR DISTRICT-670141.

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BY ADV. SRI.MURALI PALLATH

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT (ANNEX II), THIRUVANANTHAPURAM-695001.

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2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY P.O., THIRUVANANTHAPURAM-695014.

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THE DEPUTY DIRECTOR OF EDUCATION, KANNUR, THANA P.O., KANNUR DISTRICT, PIN - 670002.

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4 THE DISTRICT EDUCATIONAL OFFICER, TALIPARAMBA, MINI CIVIL STATION, TALIPARAMBA, KANNUR DISTRICT, PIN - 670141.

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5 THE MANAGER, MOOTHEDATH HIGHER SECONDARY SCHOOL, TALIPARAMBA, TALIPARAMBA P.O., KANNUR DISTRICT, PIN - 670141.

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R1 TO R4 BY SMT. NISHA BOSE, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.524 OF 2021 2

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JUDGMENT

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Dated this the 8th day of January 2021

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This writ petition is filed seeking the following reliefs:

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i. orders declaring that the petitioner is entitled for approval as UPST w.e.f 01.06.2018 as and when the promotion of Sri. Sugesh. M as H.S.A is approved.

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ii. issue a writ of mandamus commanding the 2^nd respondent to consider and pass appropriate orders on Exhibit P7 and Exhibit P8 revision petitions after affording an opportunity of being heard to the petitioner within two months.

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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 UPST from 1.6.2018 by Ext.P1 order. The approval was rejected by Ext.P3 by the 4^th respondent. The appeals preferred by the Manager as well as the petitioner have also been rejected by the 3^rd respondent. The petitioner as well as the Manager have preferred Exts.P7 and P8 Revision Petitions

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respectively before the 2^nd respondent.

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WP(C).No.524 OF 2021 3

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Having heard the learned Government Pleader, I am of the opinion

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that Exts.P7 and P8 Revision Petitions are liable to be disposed without

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delay. There will accordingly be a direction to the 2^nd respondent to take up, consider and pass orders on Exts.P7 and P8 Revision Petitions preferred by the petitioner and the Manager of the School respectively, after notice to the parties, within a period of two months from the date of receipt of a copy of this judgment. The petitioner as well as the Manager

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shall be put on notice and heard through any appropriate means including through video conferencing.

Sd/-

ANU SIVARAMAN

JUDGE

Bb/12/1/2021

WP(C).No.524 OF 2021 4

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF APPOINTMENT ORDER DATED 01/06/2018 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P2	TRUE COPY OF ORDER NO. B1/3326/18 K.DIS. DATED 21/03/2019.
EXHIBIT P3	TRUE COPY OF ORDER NO. B1/18439/2019 DATED 12/08/2020.
EXHIBIT P4	TRUE COPY OF APPEAL PETITION DATED 03/09/2020 SUBMITTED BY THE PETITIONER.
EXHIBIT P5	TRUE COPY OF APPEAL PETITION DATED 27/08/2020 SUBMITTED BY THE 5TH RESPONDENT.
EXHIBIT P6	TRUE COPY OF ORDER NO. B4/212088/2020 DATED 20/11/2020 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P7	TRUE COPY OF REVISION PETITION DATED 24/12/2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P8	TRUE COPY OF REVISION PETITION DATED 30/12/2020 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 2ND RESPONDENT.

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RESPONDENTS' EXHIBITS: NIL

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[True copy]

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P.A to Judge

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Jyolsna G., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jyolsna G., v. State of Kerala

Case brief

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What did the court decide?

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