Disposed

Ayishabi T.v, v. State of Kerala

Kerala HC4 Jan 2022WP(C)/30/2022

Case brief

AI extract

What is this about?

The petitioner challenged the rejection of her appointment approval due to lack of State Eligibility Test and service. The Court directed the Secretary to Government to consider her representation and pass orders within three months, dispensing with notice to the 4th respondent.

What did the court decide?

Direction to the 1st respondent to consider the representation Ext.P4 and pass orders within three months with notice to the petitioner and manager.

Ayishabi T.v, Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (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 MURALI PURUSHOTHAMAN

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TUESDAY, THE 4^TH DAY OF JANUARY 2022 / 14TH POUSHA, 1943

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WP(C) NO. 30 OF 2022

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PETITIONER/S:

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AYISHABI T.V, AGED 44 YEARS HSST MATHEMATICS, ORIENTAL HIGHER SECONDARY SCHOOL, THIRURANGADI, MALAPPURAM 676 306. BY ADVS. AUGUSTINE JOSEPH TONY AUGUSTINE

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RESPONDENT/S:

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

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2 THE DIRECTOR OF GENERAL EDUCATION, (HIGHER SECONDARY EDUCATION), JAGATHY, THIRUVANANTHAPURAM 695 014.

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3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION DOWN HILL, MALAPPURAM 680 505.

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4 THE MANAGER, ORIENTAL HIGHER SECONDARY SCHOOL, THIRURANGADI, MALAPPURAM 676 306.

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GP-SMT NISHA BOSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

wp(c) No.30 of 2022

JUDGMENT

The petitioner while working as High School Teacher was appointed as Higher Secondary School Teacher on 06.06.2019 in the Oriental Higher Secondary School, Thirurangadi in a retirement vacancy. However, the approval of appointment was rejected by Ext.P2 order by the 3^rd respondent on the ground that the petitioner is not having State Eligibility Test and is not having 10 years service as HST. According to the petitioner, the petitioner is entitled to reckon her Training School Teacher's service along with the high school service for exemption provided under Rule 10(4) of Chapter XXXII of the KER based on explanation to Rule 44 of Chapter XIV of the KER and Ext.P3 Government Circular and the decision of this Court in Sajeevan vs. District Educational Officer 2000 (2) KLT 130 and Mini Venugopal vs. State of Kerala ILR 2012 (1) (23) . T he petitioner has filed Ext.P4 representation before the 1^st respondent against Ext.P2. The prayer of the

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wp(c) No.30 of 2022

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petitioner is for a direction to the 1^st respondent to consider Ext.P4 within a time frame.

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Heard the learned counsel for the petitioner and the learned the Government Pleader for the respondents 1 to 3. In the nature of the direction I propose to pass, notice to the 4 th respondent is dispensed with.

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There will be a direction to the 1^st respondent to consider and pass orders on Ext.P4 in accordance with law with notice to the petitioner and the Manager within a period of three months from the date of receipt of a copy of this judgment. The petitioner shall be produced a copy of the writ petition along with a copy of this judgment before the 1^st respondent.

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This writ petition is disposed of with the above directions.

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Sd/-

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MURALIPURUSHOTHAMAN JUDGE

rpk

wp(c) No.30 of 2022

APPENDIX OF WP(C) 30/2022

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PETITIONER EXHIBITS

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Exhibit	P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER AS HSST DATED 6.6.2019.
Exhibit	P2 TRUE COPY OF THE ORDER DATED 3.3.2021 FROM THE 3RD RESPONDENT.
Exhibit	P2(a) TRUE TRANSLATION OF EXT P2.
Exhibit	P3 TRUE COPY OF THE CIRCULAR DATED 22.10.2018 FROM THE 1ST RESPONDENT.
Exhibit	P3(a) TRUE TRANSLATION OF EXT. P3.
Exhibit	P4 TRUE COPY OF THE REVISION PETITION DATED 10.12.2021.
Exhibit	P4(a) TRUE TRANSLATION OF EXT. P4.

Ayishabi T.v, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ayishabi T.v, v. State of Kerala

Case brief

What is this about?

What did the court decide?

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