Remanded

Radhika .C v. State of Kerala

Kerala HC1 Nov 2022WP(C)/4124/2022

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a writ petition by granting directions to the State of Kerala, represented by the General Education Department, to consider and pass appropriate orders on a revision petition filed by school staff, after affording them an opportunity of being heard, within three months.

What did the court decide?

Direction to Respondent 1 to consider Ext.P14 after hearing petitioners and pass appropriate orders within three months.

Radhika .C Vs State of Kerala — Education and Admissions | 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 RAJA VIJAYARAGHAVAN V

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TUESDAY, THE 1STDAY OF NOVEMBER 2022 / 10TH KARTHIKA,1944
WP(C) NO. 4124 OF 2022

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PETITIONER/S:

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1 RADHIKA .C UPPER PRIMARY SCHOOL ASSISTANT LEGACY A U P SCHOOL, THACHANATTUKARA, P.O, NATTUKAL, PALAKKAD DISTRICT – 678583.

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2 AJITHA C UPPER PRIMARY SCHOOL ASSISTANT, LEGACY A U P SCHOOL, THACHANATTUKARA, P.O, NATTUKAL, PALAKKAD DISTRICT – 678583.

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3 HARIS P LOWER PRIMARY SCHOOL ASSISTANT, LEGACY A U P SCHOOL, THACHANATTUKARA, P.O, NATTUKAL, PALAKKAD DISTRICT – 678583.

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4 UMMUL FALILA C UPPER PRIMARY SCHOOL ASSISTANT, LEGACY A U P SCHOOL, THACHANATTUKARA, P.O, NATTUKAL, PALAKKAD DISTRICT – 678583.

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5 FATHIMATH NISHABI K.K. LOWER GRADE HINDI TEACHER, LEGACY A U P SCHOOL, THACHANATTUKARA, P.O, NATTUKAL, PALAKKAD DISTRICT – 678583.

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6 SHAHARBABU P UPPER PRIMARY SCHOOL ASSISTANT, LEGACY A U P SCHOOL, THACHANATTUKARA, P.O, NATTUKAL, PALAKKAD DISTRICT – 678583. BY ADVS. V.A.MUHAMMED M.SAJJAD

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, ANNEXE II, THIRUVANANTHAPURAM - 695001.

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W.P. (C) No.4124 of 2022

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

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3 THE DEPUTY DIRECTOR OF EDUCATION FORT MAIDAN, PALAKKAD DISTRICT - 678001.

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4 THE DISTRICT EDUCATIONAL OFFICER. MANNARKKAD, PALAKKAD DISTRICT - 678583.

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5 THE ASSISTANT EDUCATIONAL OFFICER MANNARKKAD, PALAKKAD DISTRICT - 678583.

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6 THE MANAGER

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LEGACY A U P SCHOOL, THACHANATTUKARA, P.O, NATTUKAL, PALAKKAD DISTRICT - 678583.

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7 THE HEADMASTER

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LEGACY A U P SCHOOL, THACHANATTUKARA, P.O, NATTUKAL, PALAKKAD DISTRICT - 678583.

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SMT.MARY BEENA JOSEPH, SR GP

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON01.11.2022,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:

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W.P. (C) No.4124 of 2022

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JUDGMENT

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The petitioners contend that they all are appointed by the 6th respondent Manager in the Legacy AUP School, Thachanattukara. Their grievance is that no approval has been granted. It is in the afore circumstances that this writ petition is filed seeking the following directions:-

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(i) call for the records relating to Exts.P2, P4, P6, P8, P10 and P12 and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.

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(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 5th respondent to approve the appointments covered by Exts.P1, P3, P5, P7, P9 and P11 and disburse the attendant benefits forthwith.

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(iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st respondent to consider and pass appropriate orders upon Ext.P14 after affording an opportunity of being heard to the petitioners within a time limit.

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2. Sri.M.Sajjad, the learned counsel appearing for the petitioners

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submits that the limited prayer is for issuance of directions to the 1st respondent to consider Ext.P14 in an expeditious manner.

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3. I have heard the learned Government Pleader.

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W.P. (C) No.4124 of 2022

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In view of the limited nature of the relief sought, notice to respondents 6 and 7 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, I am of the view that this writ petition can be disposed of by issuing the following directions:

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a) There will be a direction to the 1st respondent to

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take up, consider and pass appropriate orders on Ext.P14, after affording an opportunity of being

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heard, either physically or virtually, to the petitioners herein or their authorized representative and respondents 6 and 7.

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

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c) It would be open to the petitioners to produce a

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copy of the writ petition along with the judgment

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W.P. (C) No.4124 of 2022

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before the concerned respondent for further action.

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This writ petition is disposed of.

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Sd/- RAJA VIJAYARAGHAVAN V JUDGE

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Sru

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W.P. (C) No.4124 of 2022

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APPENDIX OF WP(C) 4124/2022

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PETITIONER’S EXHIBITS

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Exhibit P1TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST
PETITIONER DATED 08.06.2017.
Exhibit P2TRUE COPY OF THE ORDER NO. K.DIS/C/1682/17
DATED 27.09.2017 OF THE 5TH RESPONDENT.
Exhibit P3TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND
PETITIONER DATED 10.06.2017.
Exhibit P4TRUE COPY OF THE ORDER NO. K.DIS/C/1683/17
DATED 27.09.2017 OF THE 5TH RESPONDENT.
Exhibit P5TRUE COPY OF THE APPOINTMENT ORDER OF THE 3RD
PETITIONER DATED 11.06.2018.
Exhibit P6TRUE COPY OF THE ORDER NO. K.DIS/C/2523/18
DATED 01.01.2019 OF THE 5TH RESPONDENT.
Exhibit P7TRUE COPY OF THE APPOINTMENT ORDER OF THE 4TH
PETITIONER DATED 14.06.2018.
Exhibit P8TRUE COPY OF THE ORDER NO. K.DIS/C/2428/18
DATED 14.01.2019 OF THE 5TH RESPONDENT.
Exhibit P9TRUE COPY OF THE APPOINTMENT ORDER OF THE 5TH
PETITIONER DATED 01.06.2018.
Exhibit P10TRUE COPY OF THE ORDER NO. K.DIS/C/2112/18
DATED 16.01.2019 OF THE 5TH RESPONDENT.
Exhibit P11TRUE COPY OF THE APPOINTMENT ORDER OF THE 6TH
PETITIONER DATED 06.06.2019.

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W.P. (C) No.4124 of 2022

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`Exhibit P12`	`TRUE COPY OF THE ORDER NO.C/7515/2019/K.DIS` `DATED 05.12.2019 OF THE 5TH RESPONDENT.`
`Exhibit P13`	`TRUE COPY OF THE REVISION PETITION FILED BEFORE` `THE 2ND RESPONDENT BY THE MANAGER OF THE SCHOOL` `DATED 17.03.2021.`
`Exhibit P14`	`TRUE COPY OF THE REVISION PETITION FILED BEFORE` `THE 1ST RESPONDENT BY THE PETITIONERS DATED` `20.12.2021 (POSTAL RECEIPT AFFIXED) (WITHOUT` `EXHIBITS).`
`Exhibit P15`	`TRUE COPY OF THE STAFF FIXATION ORDER 2015-` `2016 DATED 19.09.2016 OF THE 5TH RESPONDENT.`
`Exhibit P16`	`TRUE COPY OF THE STAFF FIXATION ORDER 2016-` `2017 DATED 14.12.2017 OF THE 5TH RESPONDENT.`
`Exhibit P17`	`TRUE COPY OF THE STAFF FIXATION ORDER 2017-` `2018 DATED 14.12.2017 OF THE 5TH RESPONDENT.`
`Exhibit P18`	`TRUE COPY OF THE STAFF FIXATION ORDER 2018-` `2019 DATED 03.07.2018 OF THE 5TH RESPONDENT.`
`Exhibit P19`	`TRUE COPY OF THE STAFF FIXATION ORDER 2019-`
	`2020 DATED 30.07.2019 OF THE 5TH RESPONDENT.`

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RESPONDENTS EXHIBITS : NIL

Radhika .C v. State of Kerala

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Radhika .C v. State of Kerala

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