Disposed

Hima P.S. v. State of Kerala

Kerala HC23 Nov 2022WP(C)/10171/2021

Case brief

AI extract

What is this about?

This court disposed of a writ petition filed by an employed HST teacher seeking directions to consider her representation for a new vacancy at her current school. The court directed the school manager to consider the representation with a hearing opportunity and pass orders within one month, maintaining the interim relief pending the decision.

What did the court decide?

Directions issued to the 5th respondent to consider the petitioners representation expeditiously with an opportunity of being heard and pass orders within one month; interim order to continue.

Hima P.S. Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 23RDDAY OF NOVEMBER 2022 / 2ND AGRAHAYANA,1944

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WP(C) NO. 10171 OF 2021

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PETITIONER/S:

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HIMA P.S.
AGED 36 YEARS
HST, GANDHI SMARAKA HIGH SCHOOL,
ASHTAMICHIRA, MALA, THRISSUR DISTRICT,
RESIDING AT KAKKARA HOUSE,
KOTTANALLOOR P.O., THRISSUR-680 662.

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BY ADVS.
MATHEW B. KURIAN
SRI.K.T.THOMAS

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RESPONDENT/S:

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1STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE,
THIRUVANANTHAPURAM-695 001.

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2 THE DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695 001.

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3 THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, CHANGAMPUZHA NAGAR, EDAPALLY, KOCHI-682 024.

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4 THE DISTRICT EDUCATIONAL OFFICER OFFICE OF DISTRICT EDUCATIONAL OFFICER, IRINJALAKKUDA, THRISSUR-680 125.

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5 THE MANAGER,

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SREE NARAYANA DHARMA PARIPALANA HIGHER SECONDARY SCHOOL,
PALISSERRY P.O., POOVATHUSSERRY,
THRISSUR-680 741.

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WP(C) NO. 10171 OF 2021

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BY ADVS.
S.SUJIN

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SMT NISHA BOSE SR GP

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON
23.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 10171 OF 2021

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JUDGMENT

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The petitioner states that she was appointed as HST (English) with effect from 01.06.2009 in the SNDP Higher Secondary School, Pallissery, Thrissur, an aided school under the management of the 5th respondent, and governed by the provisions of the Kerala Education Act and Rules framed thereunder.

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Being aggrieved by the non-grant of approval for the period from 01.06.2009 to 31.05.2011, the petitioner approached this Court, and by Exhibit P3 judgment dated 07.04.2021, directions were issued to the DEO to reconsider the proposal for approval of the petitioner from the initial date of appointment after verifying whether the Manager has executed a bond in terms of G.O.(P). No. 10/10/G.Edn. dated 12.01.2010.

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The petitioner asserts that in terms of the directions issued by this Court, orders were passed on 12.11.2022, and approval has been granted with effect from 01.06.2009. While so, due to a division fall, the petitioner was deployed, and she is now presently working as HST (English) in the Gandhi Smarka High School, Ashtamichira.

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She asserts that the vacancy to the post of HST (English) has arisen in the school on account of retirement, and the petitioner being qualified, submitted Exhibit P5 representation before the Manager. It is in the said

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WP(C) NO. 10171 OF 2021

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circumstances that this writ petition is filed with a solitary prayer for the issuance of directions to the 5th respondent to consider Exhibit P5 and to take a decision in accordance with the law.

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Sri. K.T.Thomas, the learned counsel appearing for the petitioner,

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submitted that the limited request of the petitioner at this stage is for issuance of directions to the 5th respondent to consider Exhibit P5 representation expeditiously, with due notice.

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Sri. S. Sujin, the learned counsel appearing for the 5th respondent,

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submits that if the prayer is only for consideration of the representation in accordance with the law, the 5th respondent has no grievance.

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I have heard the learned Government Pleader as well.

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After having carefully evaluated the contentions raised in this writ

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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 at the admission stage itself by issuing the following directions:

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a) There will be a direction to the 5th respondent to take up, consider and pass appropriate orders on Ext.P5, after affording

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an opportunity of being heard, either physically or virtually, to

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WP(C) NO. 10171 OF 2021

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the petitioner herein or her authorized representative and party respondents.

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b) Orders, as directed above, shall be passed expeditiously, in any event, within one month from the date of production of a copy of this judgment.

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c) Until orders are passed on Exhibit P5 representation, the interim order granted by this Court on 30.04.2021 shall continue.

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d) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.

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This 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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avs

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WP(C) NO. 10171 OF 2021

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APPENDIX OF WP(C) 10171/2021

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PETITIONER EXHIBITS

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EXHIBIT P1TRUE COPY OF UNDERTAKING DATED 23.03.2011
SUBMITTED BY MANAGER.
EXHIBIT P2TRUE COPY OF ORDER DATED 10.02.2017 ISSUED BY
GOVERNMENT.
EXHIBIT P3TRUE COPY OF THE JUDGMENT DATED 07.04.2011 IN WPC
NO.12767/2020.
EXHIBIT P4TRUE COPY OF THE ADVERTISEMENT IN MATHRUBHUMI
DAILY DATED 27.03.2021.
EXHIBIT P5TRUE COPY OF THE REPRESENTATION DATED NIL
SUBMITTED BY PETITIONER.

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RESPONDENT EXHIBITS

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Exhibit R5(a)TRUE COPY OF THE ORDER DATED 16/08/2019.

Hima P.S. v. State of Kerala

Case brief

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Hima P.S. v. State of Kerala

Case brief

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