Disposed

T.P.Mayamani v. the State of Kerala

Kerala HC17 Oct 2022WP(C)/12952/2022

Case brief

AI extract

What is this about?

This writ petition sought quashing of an order rejecting the petitioner's appointment as Principal. The High Court disposed of the petition at the admission stage by directing the 1st respondent to consider the petitioner's revision petition expeditiously within four months.

What did the court decide?

Directions to the 1st respondent to consider and pass orders on Petitioner's revision petition (Ex.P4) within four months after hearing.

T.P.Mayamani Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2022)

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WP(C) NO. 12952 OF 2022

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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 MONDAY, THE 17^TH DAY OF OCTOBER 2022 / 25TH ASWINA, 1944 WP(C) NO. 12952 OF 2022

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PETITIONER/S:

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T.P.MAYAMANI AGED 58 YEARS WIFE OF K KRISHNAN, PRINCIPAL (RETIRED), MOOTHEDATH HIGHER SECONDARY SCHOOL, TALIPARAMBA, KANNUR DISTRICT 670 141 (RESIDING AT KAIVALLIAM, POOKKOTH STREET, THALIPARAMBA, KANNUR DISTRICT 670 141)

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BY ADVS. V.A.MUHAMMED P.A.JENZIA M.H.SHAJAHAN RAWTHER

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RESPONDENT/S:

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

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2 THE DIRECTOR OF GENERAL EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM 695 001

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3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION PAYYAMBALAM, KANNUR DISTRICT 670 003

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4 THE DISTRICT EDUCATIONAL OFFICER

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WP(C) NO. 12952 OF 2022

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TALIPARAMBA, KANNUR DISTRICT 670 141

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5 THE MANAGER MOOTHEDATH HIGHER SECONDARY SCHOOL, TALIPARAMBA, KANNUR 670 141

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SMT. NISHA BOSE, SR. GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 12952 OF 2022

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JUDGMENT

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The above writ petition is filed seeking to quash Ext.P3 order and for further direction to the 3rd respondent to approve the appointment of the petitioner as Principal of the Moothedath Higher Secondary School with effect from 07.06.2019 and for ancillary reliefs.

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The petitioner contends that it was while continuing as HSST and as Principal-in-charge of the school that she was appointed as Principal with effect from 07.06.2019. However, the RDD, Kannur, has rejected her approval, and in the meantime, the petitioner attained superannuation on 31.05.2020. The petitioner contends that raising all her contentions, she has preferred Ext.P4 revision petition before the 1st respondent.

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Sri.M.Sajjad, 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

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of directions to the 1st respondent to consider Ext.P4 in accordance with law.

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WP(C) NO. 12952 OF 2022

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Heard the learned Government Pleader. In view of the order that I

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propose to pass, no prejudice would be caused to the 5th respondent if notice 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,

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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 1st respondent to take

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up, consider and pass appropriate orders on Ext.P4 after

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affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorized representative and the 5th respondent.

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b) Orders, as directed above, shall be passed expeditiously,

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in any event, within four months from the date of

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production of a copy of this judgment.

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WP(C) NO. 12952 OF 2022

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

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the writ petition along with the judgment before the

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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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WP(C) NO. 12952 OF 2022

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APPENDIX OF WP(C) 12952/2022

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PETITIONER(S) EXHIBITS :

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Exhibit P1 TRUE COPY OF THE PROCEEDINGS OF THE ACCOUNTS OFFICER IN FULL ADDITIONAL CHARGES OF REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, KOZHIKODE VIDE ORDER NO A1/13965/2011 (E) DATED 20-11-2012 Exhibit P2 TRUE COPY OF THE PROCEEDINGS OF THE MANAGER DATED 07-06-2019 Exhibit P3 TRUE COPY OF THE ORDER NO. B5/921/2021/RDD/KNR/K.DIS DATED 12-01-2022 OF THE RDD HSE, KANNUR Exhibit P4 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 10-02-2022 (WITHOUT EXHIBITS) Exhibit P5 TRUE COPY OF THE SENIORITY LIST AS ON 01-01-2019 FOR THE ACADEMIC YEAR 2019-20 Exhibit P6 TRUE COPY OF THE SENIORITY LIST AS ON 01-01-2020 FOR THE ACADEMIC YEAR 2020-21

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RESPONDENT(S) EXHIBITS : NIL

T.P.Mayamani v. the State of Kerala

Case brief

What is this about?

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T.P.Mayamani v. the State of Kerala

Case brief

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