Allowed

Manager, Chettiyath Up School v. Sindhu K K

Kerala HC10 Jan 2023RP/8/2023

Case brief

AI extract

What is this about?

On admission of two review petitions challenging a disposal of a writ petition concerning UPST appointment, the Court found an error on the face of the record. It remained unaware that the reference representation was stayed in a related pending petition filed by the subsequent petitioner.

What did the court decide?

Allowed review petitions; recalled the judgment dated 20.10.2022 in W.P.(C.) No. 33386/2022; tagged matters for posting on 24.01.2023.

Manager, Chettiyath Up School Vs Sindhu K K — Service and Employment | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶2

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 10THDAY OF JANUARY 2023 / 20TH POUSHA,1944

¶3

RP NO. 1294 OF 2022

¶4

AGAINST THE ORDER/JUDGMENTWP(C) 33386/2022 OF HIGH COURT OF KERALA

¶5

REVIEW PETITIONER/S:

¶6

T. APARNA
AGED 36 YEARS
UPST, CHETTIYATH U.P. SCHOOL,
P.O. PUTHUPPANAM, VADAKARA,
KOZHIKODE DISTRICT , PIN - 673105
BY ADVS.
VINOD MADHAVAN
M.V.BOSE
BIJU VARGHESE ERUMALA

¶7

RESPONDENT/S:

¶8

1SINDHU K.K
UPPER PRIMARY SCHOOL ASSISTANT,
CHETTIYATH U.P. SCHOOL,
P.O. - PUTHUPPANAM, VADAKARA,
KOZHIKODE DISTRICT - 673 105.
RESIDING AT CHAITHANYA HOUSE,
PALIYAD NADA P.O., VADAKARA,
KOZHIKODE DISTRICT - 673 521. , PIN - 673105

¶9

2THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001

¶10

3DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
4DEPUTY DIRECTOR OF EDUCATION
KOZHIKODE, MANANCHIRA,
KOZHIKODE, PIN - 673001

¶11

RP NO. 1294 OF 2022 &
RP NO. 8 OF 2023

¶12

¶13

5 DISTRICT EDUCATIONAL OFFICER VADAKARA, KOZHIKODE DISTRICT, PIN - 673101

¶14

6 ASSISTANT EDUCATIONAL OFFICER VADAKARA, KOZHIKODE DISTRICT, PIN - 673101

¶15

7 MANAGER CHETTIYATH U.P. SCHOOL, P.O. PUTHUPPANAM, VADAKARA, KOZHIKODE DISTRICT, PIN - 673105

¶16

BY ADV P.M.PAREETH
SMT MARY BEENA JOSEPH SR GP

¶17

THISREVIEWPETITIONHAVINGCOMEUPFORADMISSIONON
10.01.2023,ALONGWITHRP.8/2023,THECOURTONTHESAMEDAY
DELIVERED THE FOLLOWING:

¶18

RP NO. 1294 OF 2022 &
RP NO. 8 OF 2023

¶19

¶20

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶21

PRESENT

¶22

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 10^TH DAY OF JANUARY 2023 / 20TH POUSHA, 1944

¶23

RP NO. 8 OF 2023

¶24

AGAINST THE ORDER/JUDGMENTWP(C) 33386/2022 OF HIGH COURT OF KERALA

¶25

REVIEW PETITIONER/S:

¶26

MANAGER, CHETTIYATH UP SCHOOL
P.O PUTHUPPANAM, VATAKARA,
KOZHIKODE DISTRICT
, PIN - 673105
BY ADV R.K.MURALEEDHARAN

¶27

RESPONDENT/S:

¶28

1SINDHU K K
UPPER PRIMARY SCHOOL ASSISTANT,
CHETTIYATH U P SCHOOL, P.O PUTUPPANAM,
VATAKARA, KOZHIKODE DISTRICT -673105.
RESIDING AT CHAITHANYA HOUSE, PALIYAD NADA P.O,
VADAKARA, KOZHIKODE DISTRICT, PIN - 673105

¶29

2 STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM - PIN - 682031

¶30

3 THE DIRECTOR GENERAL OF EDUCATION DIRECTORATE OF GENERAL EDUCATION, JAGATHI, THIRUVANANTHAPURAM - PIN - 695014

¶31

4 DEPUTY DIRECTOR OF EDUCATION KOZHIKODE, MANACHIRA, KOZHIKODE, PIN - 673001

¶32

5 THE DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER VADAKARA, KOZHIKODE DISTRICT, PIN - 673101

¶33

RP NO. 1294 OF 2022 &
RP NO. 8 OF 2023

¶34

¶35

6 THE ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER VADAKARA, KOZHIKODE DISTRICT, PIN - 673101

¶36

7 T.APARNA UPST, CHETTIYATH UP SCHOOL, P.O PUTHUPPANAM, VATAKARA, KOZHIKODE DISTRICT, PIN - 673105 BY ADV P.M.PAREETH BY SMT. MARY BEENA JOSEPH, SR. G.P.

¶37

THISREVIEWPETITIONHAVINGCOMEUPFORADMISSIONON
10.01.2023,ALONGWITHRP.1294/2022,THECOURTONTHESAMEDAY
DELIVERED THE FOLLOWING:

¶38

RP NO. 1294 OF 2022 &
RP NO. 8 OF 2023

¶39

¶40

ORDER

¶41

These Review Petitions have been filed seeking to review the judgment dated 20.10.2022 in W.P.(C.) No. 33386/2022.

¶42

W.P.(C.) No. 33386/2022 was filed seeking a direction to the 6th respondent to appoint the petitioner therein as UPST with effect from 1.6.2011 in view of his status as a Rule 51A claimant in the additional vacancy that occurred on 2011-2012 and for ancillary reliefs.

¶43

When the writ petition came up for admission, it was submitted by the learned counsel that his limited request was for expeditious consideration of Ext.P15 representation. In view of the said submission, without going into the merits of the matter, this Court had disposed of the writ petition directing the 1st respondent to consider and take a decision on Exhibit P15 representation filed by the petitioner after hearing the party respondents as well.

¶44

The learned counsel appearing for the review petitioners submitted that W.P.(C.) No. 15417/2015 filed by the review petitioners mounting a challenge to Ext.P12 was pending before this Court, and this Court had stayed the operation of Ext.P12. It is further submitted that the writ

¶45

RP NO. 1294 OF 2022 &
RP NO. 8 OF 2023

¶46

¶47

petitioner is also a party to the said proceeding. However, this aspect of the matter was not brought to the notice of this Court. It is submitted that pending consideration of W.P.(C.) No. 15417/2015, if the directions issued by this Court in W.P.(C.) No. 33386/2022 is given effect to, it would cause serious prejudice.

¶48

Having regard to the submissions advanced, it appears that there is an error apparent on the face of the record as it was not brought to the notice of this Court that Exhibit P12 stands stayed in W.P.(C.) No. 15417/2015, and the said writ petition is still pending.

¶49

In that view of the matter, these review petitions will stand allowed. The judgment dated 20.10.2022 in W.P.(C) No. 33386/2022 will stand recalled.

¶50

Tag W.P.(C) No.33386/2022 along with R.P.Nos. 1294/2022 and 8/2023 and post on 24.01.2023.

¶51

Sd/-

¶52

RAJA VIJAYARAGHAVAN V JUDGE

¶53

avs

Manager, Chettiyath Up School v. Sindhu K K

Case brief

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Manager, Chettiyath Up School v. Sindhu K K

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