Disposed

Indu.M.P v. State of Kerala

Kerala HC22 Jun 2022WP(C)/9478/2022

Case brief

AI extract

What is this about?

The petitioner, a school teacher, filed a writ petition seeking directions for expeditious disposal of her pending revision petition regarding her rejected appointment proposal. The Court directed the first respondent to hear parties and decide the petition within three months.

What did the court decide?

Direction to first respondent to consider and pass orders on revision petition after hearing parties within three months.

Indu.M.P Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2022)

¶1

WP(C) NO. 9478 OF 2022

¶2

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶6

WEDNESDAY, THE 22^ND DAY OF JUNE 2022 / 1ST ASHADHA, 1944 WP(C) NO. 9478 OF 2022

¶7

PETITIONER:

¶8

INDU.M.P

¶9

AGED 40 YEARS, W/O RAJESH KUMAR B., UPPER PRIMARY SCHOOL TEACHER, NETAJI HIGH SCHOOL, PRAMADOM, MALLASSERY P.O., PATHANAMTHITTA DISTRICT, PIN - 689646

¶10

BY ADVS. K.R.KRISHNAKUMARI SAJITHA M.J

¶11

RESPONDENTS:

¶12

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM ERNAKULAM, PIN - 695001

¶13

2 DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCATION, THIRUVANANTHAPURAM, PIN - 695014

¶14

3 DEPUTY DIRECTOR OF EDUCATION PATHANAMTHITTA AT THIRUVALLA, PIN - 689101

¶15

4 DISTRICT EDUCATIONAL OFFICER PATHANAMTHITTA, PIN - 689645

¶16

5 THE MANAGER

¶17

NETAJI HIGH SCHOOL, PRAMADOM, MALLASSERY.P.O., PATHANAMTHITTA DISTRICT, PIN - 689646

¶18

BY ADVS.

¶19

S.SUBHASH CHAND

¶20

WP(C) NO. 9478 OF 2022 2

¶21

SMT NISHA BOSE, SR GOVERNMENT PLEADER

¶22

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶23

WP(C) NO. 9478 OF 2022

¶24

¶25

JUDGMENT

¶26

The petitioner states that she was appointed as UPST in a promotional vacancy with effect from 06.06.2019 as per Ext.P1 order. However, the proposal for approval was rejected by the 4th respondent on the ground that the Manager had not forwarded relevant certificates along with the proposal for approval. Being aggrieved, the petitioner is stated to have preferred Ext.P5 revision petition before the Government which is stated to be pending. It is in the afore circumstances that the petitioner is before this Court seeking directions.

¶27

The learned Government Pleader on instructions submitted that the revision petition filed by the petitioner was forwarded to the DGE and the same is pending consideration before the DGE. It is submitted that necessary orders can be passed in accordance with the law in an expeditious manner.

¶28

After having carefully evaluated the contentions raised in this

¶29

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:

¶30

WP(C) NO. 9478 OF 2022

¶31

¶32

a) There will be a direction to the 1st respondent to take up,

¶33

consider and pass appropriate orders on Ext.P5 revision petition, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorized representative and the 5th respondent.

¶34

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

¶35

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.

¶36

This writ petition is disposed of.

¶37

Sd/-

¶38

RAJA VIJAYARAGHAVAN V

¶39

JUDGE

¶40

IAP

¶41

WP(C) NO. 9478 OF 2022

¶42

¶43

APPENDIX OF WP(C) 9478/2022

¶44

PETITIONER'S EXHIBITS:

¶45

Exhibit P1	TRUE COPY THE APPOINTMENT ORDER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER ON 06.06.2019
Exhibit P2	TRUE COPY OF THE ORDER NO.B5/12678/2019 DATED 25.02.2020 ISSUED BY THE 4TH RESPONDENT
Exhibit P2(a)	ENGLISH TRANSLATION OF MALAYALAM EXT.P2
Exhibit P3	TRUE COPY OF THE ORDER NO.B5/12675/2019 DATED 25.02.2020 ISSUED BY THE 4TH RESPONDENT
Exhibit P3(a)	ENGLISH TRANSLATION OF MALAYALAM EXT.P3
Exhibit P4	TRUE COPY THE ORDER NO.B5/21267/2021 DATED 02.12.2021 ISSUED BY THE 4TH RESPONDENT APPROVING THE APPOINTMENT OF SMT.ANITHA KUMARI AS UPST W.E.F.15.07.2016
Exhibit P4(a)	ENGLISH TRANSLATION OF MALAYALAM EXT.P4
Exhibit P5	TRUE COPY OF THE REVISION PETITION DATED 26.02.2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT WITH COPY TO ALL OTHER RESPONDENTS

¶46

RESPONDENTS' EXHIBITS:

¶47

NIL

Indu.M.P v. State of Kerala

Case brief

What is this about?

What did the court decide?

Indu.M.P v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

The K C Pazhanimala Higher Secondary School Vs the State of Kerala

Lalith P.K., Vs State of Kerala

Titty .a. Jose Vs State of Kerala

Sheeja T Vs Assistant Educational Officer

Jyothish Kumar.M. Vs State of Kerala

George Panicker P.C. Vs Union of India