Disposed

Nirmala P.K. v. State of Kerala

Kerala HC11 Jul 2023WP(C)/17090/2022

Case brief

AI extract

What is this about?

Petitioner sought appointment as Higher Secondary School Teacher. Court observed a hearing had occurred and directed the Respondent Regional Deputy Director to pass final orders on the pending representation within one month, without adjudicating the substantive entitlement.

What did the court decide?

The 3rd Respondent is directed to pass final orders on the representation and communicate the decision to the parties within one month.

Nirmala P.K. Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2023)

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xIN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 11TH DAY OF JULY 2023 / 20TH ASHADHA, 1945
WP(C) NO. 17090 OF 2022

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PETITIONER:

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NIRMALA P.K.
AGED 53 YEARS
W/O MOHANDAS, PARICHIKKADA HOUSE, THEKKUMMURI P.O,
(VIA), PALAKKAD DISTRICT, PIN-679 506
AND WORKING AS HIGH SCHOOL TEACHER H.S.S-
VALLAPUZHA, VALLAPUZHA P.O PALAKKAD DISTRICT.
BY ADVS.JOSEPH GEORGE
P.A.REJIMON

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY, HIGHER SECONDARY EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM, PIN - 695001.

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2 THE DIRECTOR OF HIGHER SECONDARY EDUCATION, DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANTHAPURAM 695001.

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3 THE REGIONAL DEPUTY DIRECTOR , MALAPPURAM, HIGHER SECONDARY EDUCATION, MALAPPURAM P.O, MALAPPURAM DISTRICT, PIN- 676 505.

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4 THE DEPUTY DIRECTOR OF EDUCATION-PALAKKAD, OFFICE OF DEPUTY DIRECTOR OF EDUCATION , PALAKKAD P.O, PIN - 678 001.

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5THE CORPORATE MANAGER,
HIGHER SECONDARY SCHOOL- VALLAPUZHA,
VALLAPUZHA P.O PALAKKAD DISTRICT, PIN- 679 336.
BY ADVS.SURYA BINOY, GP
RAJESH SIVARAMANKUTTY
VIJINA K.
ARUL MURALIDHARAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.07.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C).No.17090/2022

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P.V.KUNHIKRISHNAN, J.

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W.P.(C).No.17090 of 2022

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Dated this the 11^th day of July, 2023

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JUDGMENT

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This writ petition is filed with following prayers:

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i. declare that the petitioner is eligible to be appointed as Higher Secondary School Teacher (Malayalam) in Higher Secondary School Vallappzha with effect from 01-04-2017.

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ii. issue a writ of mandamus or other appropriate writ, order or direction commanding the 3^rd respondent to appoint the petitioner in the post of Higher Secondary School Teacher (Malayalam) in Higher Secondary School Vallappzha with effect from 01-04-2017.

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iii. issue a writ of mandamus or other appropriate writ, order or direction commanding the 3^rd respondent to consider and pass orders on Exhibit P-8 within a time frame fixed by this Hon'ble Court.

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iv. grant such other and further reliefs as this Hon’ble Court deem fit and proper in the facts and circumstances of the case.

(SIC)

WP(C).No.17090/2022

The petitioner is working as High School Teacher (Malayalam) under the 5^th respondent Manager. According to the petitioner, she is eligible for by-transfer appointment as Higher Secondary School Teacher (Malayalam). The Manager is not appointing the petitioner is the grievance. The petitioner already approached the 3^rd respondent with Ext.P8. Even though a hearing was conducted, no final order is passed is the grievance. Hence this wit petition.

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Heard the learned counsel for the petitioner and the learned Government Pleader. I also heard the learned counsel for the 5^th respondent.

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After hearing both sides, I think this is a matter to be looked into by the 3^rd respondent. The petitioner already approached the 3^rd respondent with Ext.P8 and hearing is also conducted. If that be the case, the 3^rd respondent can be directed to pass appropriate orders in Ext.P8 within a period of one month.

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Therefore, this writ petition is disposed of in the following manner:

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The 3^rd respondent is directed to pass final orders in Ext.P8, as expeditiously as possible, at

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WP(C).No.17090/2022

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any rate, within one month from the date of receipt of a stamped certified copy of this judgment and communicate the decision to the petitioner and the 5^th respondent, in the above period itself.

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sd/-

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P.V.KUNHIKRISHNAN JUDGE

WP(C).No.17090/2022

APPENDIX OF WP(C) 17090/2022

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`PETITION`	`ER`	`EXHIBITS`
`Exhibit`	`P1`	`TRUE PHOTOCOPY` `ORDER DATED 24` `5TH RESPONDENT`	`OF` `-08-` `.`	`THE APPOINTMENT` `1994 ISSUED BY THE`
`Exhibit`	`P2`	`TRUE PHOTOCOPY` `ORDER DATED 21` `5TH RESPONDENT`	`OF` `-03-` `.`	`THE APPOINTMENT` `1996 ISSUED BY CHE`
`Exhibit`	`P3`	`TRUE PHOTOCOPY` `CERTIFICATE OF`	`OF` `THE`	`M.A DEGREE` `PETITIONER.`
`Exhibit`	`P4`	`TRUE PHOTOCOPY` `CERTIFICATE OF`	`OF` `THE`	`THE B. ED DEGREE` `PETITIONER.`
`Exhibit`	`P5`	`TRUE PHOTOCOPY` `TEST (SET) CER` `PETITIONER.`	`OF` `TIFI`	`STATE ELIGIBILITY` `CATE OF THE`
`Exhibit`	`P6`	`TRUE PHOTOCOPY` `20-04-2017 SUB` `RESPONDENT BY`	`OF` `MITT` `THE`	`THE REQUEST DATED` `ED BEFORE THE 5TH` `PETITIONER.`
`Exhibit`	`P7`	`TRUE PHOTOCOPY` `24-08-2020 SUB` `RESPONDENT BY`	`OF` `MITT` `THE`	`REPRESENTATION DATED` `ED BEFORE THE` `PETITIONER.`
`Exhibit`	`P8`	`TRUE PHOTOCOPY` `26-11-2021 SUB` `RESPONDENT BY`	`OF` `MITT` `THE`	`THE REQUEST DATED` `ED BEFORE THE 3RD` `PETITIONER.`
`Exhibit`	`P9`	`TRUE PHOTOCOPY` `08-12-2021 SUB` `RESPONDENT BY`	`OF` `MITT` `THE`	`REPRESENTATION DATED` `ED BEFORE THE` `PETITIONER.`

Nirmala P.K. v. State of Kerala

Case brief

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Nirmala P.K. v. State of Kerala

Case brief

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