Disposed

Raji Janardhanan, v. State of Kerala

Kerala HC23 Jun 2022WP(C)/6025/2022

Case brief

AI extract

What is this about?

The High Court of Kerala directed the District Educational Officer to reconsider the petitioner's appointment proposal for a part-time Sanskrit teacher role, considering a beneficial Government order, after allowing an opportunity of hearing.

What did the court decide?

Direction to the 4th respondent to reconsider the proposal for approval in light of Ext.P6 after providing an opportunity of hearing to the parties.

Raji Janardhanan, Vs State of Kerala — Service and Employment | Kerala HC (2022)

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WP(C) NO. 6025 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

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THURSDAY, THE 23^RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944

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WP(C) NO. 6025 OF 2022

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PETITIONER:

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RAJI JANARDHANAN, AGED 39 YEARS W/O.VINEETH RAVINDRAN, NOW WORKING AS PART TIME LANGUAGE TEACHER, (LOWER GRADE SANSKRIT (PT), SSHS PURAPUZHA, IDUKKI DISTRICT, RESIDING AT EDAYADIYIL HOUSE, PURAPUZHA P.O., IDUKKI DISTRICT, PIN-685 583.

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BY ADV PAULSON THOMAS

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RESPONDENTS:

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

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

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3 DEPUTY DIRECTOR OF EDUCATION, IDUKKI DISTRICT, OFFICE OF THE DD AT THODUPUZHA, PIN-685 584.

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4 DISTRICT EDUCATIONAL OFFICER, THODUPUZHA, PIN-685 584.

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WP(C) NO. 6025 OF 2022

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5 CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF KOTHAMANGALAM, PIN-686 691.

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SMT ANIMA, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 6025 OF 2022

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JUDGMENT

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The petitioner states that she was appointed as a Lower Grade Sanskrit Teacher part-time with effect from 01.06.2016 in a part-time vacancy against an established vacancy that arose due to the promotion and transfer of another teacher as a Full-time teacher. She contends that the promotee’s appointment has already been approved and reliance is placed on Ext.P2. According to the petitioner, a vacancy to accommodate the petitioner has been established. It is submitted that challenging the rejection of approval, the Manager had preferred a revision petition and the same was rejected by Ext.P3 order. The petitioner contends that later the Government has come up with Ext.P6 order which is beneficial to the petitioner herein. The petitioner contends that the proposal for approval can be considered in the light of Ext.P6 order and the limited request is for a direction to the 4th respondent to consider the proposal in the light of Ext.P6.

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Heard the learned Government Pleader who submits that if Ext.P6 can be applied to the petitioner herein, there is no embargo in considering the same.

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WP(C) NO. 6025 OF 2022

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In that view of the matter, there will be a direction to the 4th respondent to reconsider the proposal for approval in the light of Ext.P6, if the same is applicable, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorized representative and the 5th respondent. Orders, as directed above, shall be passed expeditiously, in any event, within a period of two months from the date of production of a copy of this judgment. 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 JUDGE

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IAP

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WP(C) NO. 6025 OF 2022 5

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APPENDIX OF WP(C) 6025/2022

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PETITIONER'S EXHIBITS:

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Exhibit	P1 TRUE COPY OF THE RELEVANT PAGE OF
	APPOINTMENT APPROVAL APPLICATION FORM
	SHOWING THE DETAILS OF APPOINTMENT OF THE PETITIONER AS SANSKRIT PART TIME TEACHER W.E.F 01.06.2016.
Exhibit	P2 TRUE COPY OF THE APPROVAL GRANTED TO SMT.BINDU B.MENON AS SANSKRIT FULL TIME TEACHER WEF 01.12.2015.
Exhibit	P3 TRUE COPY OF GO(RT) NO.4270/2018/G.EDN DATED 20.10.2018.
Exhibit	P4 TRUE COPY OF THE CIRCULAR NO.58604/J2/12/G.EDN DATED 06.11.2012.
Exhibit	P5 TRUE COPY OF THE PARTICULAR OF STRENGTH AVAILABLE IN THE SCHOOL SHOWING THE DETAILS IN STANDARD V.
Exhibit	P5 A TRUE COPY OF THE PARTICULAR OF STRENGTH AVAILABLE IN THE SCHOOL SHOWING THE DETAILS IN STANDARD VI.
Exhibit	P5B TRUE COPY OF THE PARTICULAR OF STRENGTH AVAILABLE IN THE SCHOOL SHOWING THE DETAILS IN STANDARD VII.
Exhibit	P6 TRUE COPY OF GO(RT) NO.4/2021/G.EDN DATED 06.02.2021.
RESPOND	ENTS' EXHIBITS:

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NIL

Raji Janardhanan, v. State of Kerala

Case brief

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Raji Janardhanan, v. State of Kerala

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