Disposed

Princy A.J v. the State of Kerala

Kerala HC18 Oct 2022WP(C)/5058/2022

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought directions to reconsider her rejection of promotion approval. The High Court of Kerala disposed of the petition by directing the 1st respondent to consider the revision petition alongside specific exhibits within three months after affording the petitioner a hearing.

What did the court decide?

Directed the 1st respondent to consider the revision petition in light of Exhibits P7 and P13 after a hearing and pass orders within three months.

Princy A.J Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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TUESDAY, THE 18THDAY OF OCTOBER 2022 / 26TH ASWINA,1944

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WP(C) NO. 5058 OF 2022

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PETITIONER/S:

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PRINCY A.J
AGED 47 YEARS
WIFE OF SONY K.J. (LATE),
PRINCIPAL ST. THOMAS HIGHER SECONDARY SCHOOL,
ENGANDIYUR, THRISSUR DISTRICT 680 566,
(RESIDING AT KUTTIKKADAN HOUSE,
P.O. NATTIKA, THRISSUR DISTRICT 680 566).

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BY ADVS.
V.A.MUHAMMED
M.SAJJAD

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RESPONDENT/S:

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

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2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM 695 014.

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3 THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR @ AYYANTHOLE 680 003.

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4 THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA, THRISSUR DISTRICT 680 121.

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5THE CORPORATE MANAGER,
CORPORATE EDUCATIONAL AGENCY,
ARCHDIOCESE OF TRICHUR,
CATHOLIC ARCHBISHOP'S HOUSE,
THRISSUR 680 005.

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SMT ANIMA GP

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFOR
ADMISSIONON18.10.2022,THECOURTONTHESAMEDAY
DELIVERED THE FOLLOWING:

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WP(C) NO. 5058 OF 2022

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JUDGMENT

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The petitioner states that she entered the service as HSA (Malayalam) at the St. Thomas High School, Vallachira, an aided school under the corporate management of the 5th respondent with effect from 05.06.2007. According to the petitioner, the proposal for approval was rejected by the educational authorities on the sole ground that the approval of the promotion of Smt. Sherly, a senior incumbent has not been approved. By referring to Exhibit P12, the petitioner contends that the appointment of Smt. Sherly as a Higher Secondary School Teacher has been approved by the DEO, Iringalakkuda, with effect from 17.06.2019. According to the petitioner, in that view of the matter, the reason for the rejection of approval of the appointment of the petitioner cannot be sustained. The petitioner asserts that challenging the order issued by the educational authorities, the 5th respondent has preferred Exhibit P11 revision petition before the 1st respondent. The prayer in this writ petition is for issuance of direction to the 1st respondent to consider Exhibit P11 in the light of Exhibits P7 and P13.

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I have heard Sri. M. Sajjad, the learned counsel appearing for the petitioner and the learned Government Pleader. In view of the order that I propose to pass, no prejudice would be caused to the 5th respondent if notice is dispensed with.

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WP(C) NO. 5058 OF 2022

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After having carefully evaluated the contentions raised in this

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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 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 up, consider and pass appropriate orders on Exts.P11 in the light of Exhibits P7 and P13, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorized representative.

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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 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. 5058 OF 2022

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APPENDIX OF WP(C) 5058/2022

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 05.06.2007.
Exhibit P2TRUE COPY OF THE RELEVANT PAGES OF THE SERVICE
BOOK OF THE PETITIONER ALONG WITH THE PROCEEDINGS
OF THE CORPORATE MANAGER DATED 27.06.2008.
Exhibit P3TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE
BOOK OF THE PETITIONER.
Exhibit P4TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE
BOOK OF THE PETITIONER.
Exhibit P5TRUE COPY OF THE CERTIFICATE ISSUED BY THE
NATIONAL COMMISSION FOR MINORITY EDUCATIONAL
INSTITUTIONS DATED 09.06.2009.
Exhibit P6TRUE COPY OF THE PROMOTION ORDER (LETTER E.D. NO.
A.119/2020) DATED 13.06.2020 OF THE CORPORATE
MANAGER.
Exhibit P7TRUE COPY OF THE PROMOTION ORDER (LETTER E.D. NO.
A.48/2021 DATED 01.06.2021 OF THE CORPORATE
MANAGER.
Exhibit P8TRUE COPY OF THE ORDER NO. B3/17097/2020 DATED
15.09.2020 OF THE DEO, IRINJALAKUDA.
Exhibit P9TRUE COPY OF THE ORDER NO. B2/212403/2020 DATED
02.11.2020 OF THE DDE, THRISSUR.
Exhibit P10TRUE COPY OF THE ORDER NO. EC5/232764/2201 DATED
27.12.2021 OF THE ADDITIONAL DIRECTOR (GENERAL)
TO THE OFFICE ATTACHED TO THE OFFICE OF THE 2ND
RESPONDENT.
Exhibit P11TRUE COPY OF THE REVISION PETITION FILED BEFORE
THE IST RESPONDENT BY THE CORPORATE MANAGER,
DATED 20.01.2022.

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WP(C) NO. 5058 OF 2022

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Exhibit P12TRUE COPY OF THE ORDER NO.B3/124947/2022 DATED
3/8/2022 OF THE DEO (IN-CHARGE), IRINJALAKUDA

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Exhibit P13TRUE COPY OF THE LETTER E.D.NO.A-119/2020 DATED
4/8/2022 OF THE CORPORATE MANAGER ADDRESSED TO
THE 1ST RESPONDENT

Princy A.J v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Princy A.J v. the State of Kerala

Case brief

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