Disposed

Sindhu Thomas, v. State of Kerala

Kerala HC4 Jan 2022WP(C)/30654/2021

Case brief

AI extract

What is this about?

In a writ petition, the petitioner challenged the rejection of her appointment approvals. The High Court directed the State Government to consider the revision petition by hearing affected parties within three months, without notice to the 6th respondent.

What did the court decide?

Direction to the 1st respondent to consider Ext.P7 and pass appropriate orders within three months after hearing the petitioner and affected teachers.

Sindhu Thomas, 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. 30654 OF 2021

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PETITIONER/S:

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SINDHU THOMAS, AGED 39 YEARS W/O. JUSTIN JACOB, NOW WORKING AS UPST, ST. SEBASTINAS U.P. SCHOOL, THODUPUZHA, IDUKKI DISTRICT, RESIDING AT RATHAPPALLIL HOUSE, THUZHAVUMKUNNU P.O., KALLOORKAD, ERNAKULAM DISTRICT 686 668.

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BY ADV PAULSON THOMAS

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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, THIRUVANANTHAPURAM 695 001

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2 THE DIRECTOR OF GENERAL EDUCATION, GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, JAGATHY, THIRUVANANTHAPURAM 695 005.

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3 THE DISTRICT EDUCATIONAL OFFICER, MUVATTUPUZA, 686 661.

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4 THE DISTRICT EDUCATIONAL OFFICER, KOTHAMANGALAM, 686 691.

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5 ASSISTANT EDUCATIONAL OFFICER, THODUPUZHA, 685 581. CORPORATE MANAGER, DIOCESE OF KOTHAMANGALAM, 686 691.

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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:

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wp(c) No.30654 of 2021

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JUDGMENT

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The petitioner is working as UPST at St.Sebastian's UP School, Thodupuzha, an aided school coming under the 6^th respondent Corporate Management.

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The approval of appointment of the petitioner in the

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school under two different spells have been rejected by the educational authorities against which the petitioner has preferred Ext.P7 revision under Rule 92 of Chapter 14A of the Kerala Education Rules. The limited prayer of the petitioner in this writ petition at this stage is for consideration of Ext.P7 revision petition by the 1^st respondent.

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I have heard the leaned counsel for the petitioner

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and the learned Government Pleader for the respondents 1 to 5.

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In the nature of the direction I propose to pass, notice to the 6^th respondent is not necessary. In the facts and circumstances of the case and on the basis of the submissions made by the learned counsel for the petitioner and learned

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wp(c) No.30654 of 2021

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Government Pleader, there will be a direction to the 1^st respondent to consider Ext.P7 and pass appropriate orders thereon, in accordance with law, with notice to the petitioner and after hearing the petitioner, the Manager and any other teachers who are affected, either physically or by virtual mode. Orders as above shall be passed within a period of three months from the date of receipt of copy of this judgment.

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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

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rpk

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wp(c) No.30654 of 2021

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APPENDIX OF WP(C) 30654/2021

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PETITIONER EXHIBITS

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Exhibit	P1 TRUE COPY OF THE APPROVAL ODER OF THE PETITIONER W.E.F. 01.06.2018.
Exhibit	P2 TRUE COPY OF THE PROCEEDINGS NO. G- 625/2016/B-14 DATED 15.06.2016 OF THE CORPORATE MANAGER APPOINTING THE PETITIONER AS UPST FROM 01.06.2015 IN SLTHS VAZHAKULAM.
Exhibit	P3 TRUE COPY OF THE CERTIFICATE IN RESPECT OF JOINING DUTY AT SLTHS, VAZHAKULAM W.E.F. 01.06.2015.
Exhibit	P4 TRUE COPY OF THE OBJECTION OF THE DEO NO. BI/3884/2015/K.DIS DATED 28.07.2015 IN RESPECT OF THE TRANSFER OF SMT. BETTY K. VARGHESE FROM ST. GEORE HSS, KOTHAMANGALAM TO SMHSS NAKAPUZHA.
Exhibit	P5 TRUE COPY OF THE ORDER OF THE DEO, KOTHAMANGALAM NO. B4/7567/16/K.DIS. ATED 25-11/2-16 RATIFYING THE LIEN ADJUSTMENTS OF SMT. BETTY K VARGHESE.
Exhibit	P6 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER AT SJUPS KALOOR W.E.F. 01.06.2017.
Exhibit	P6 (A) TRUE COPY OF THE CERTIFICATE IN RESPECT OF JOINING DUTY AS SJUPS, KALOOR DATED 01.06.2017.
Exhibit	P7 TRUE COPY OF THE REVISION PETITION DATED 21.12.21.
Exhibit	P8 TRUE COPY OF THE STAFF FIXATION ORDER OF SMHSS, NAKAPUZHA FOR THE YEAR 2015- 16.

Sindhu Thomas, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sindhu Thomas, v. State of Kerala

Case brief

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