Allowed

Reetha Raveendran v. State of Kerala

Kerala HC3 Feb 2023WP(C)/2087/2023

Case brief

AI extract

What is this about?

Kerala High Court allowed the writ petition, allowing the petitioner to avoid direct affirmation of rights. The Court directed the competent government authority to dispose of the pending Statutory Revision petition within three months, affording a hearing to interested parties, and deferred the impugned order in the meanwhile.

What did the court decide?

Directed the 1st respondent (State) to dispose of the Statutory Revision (Ext.P6) within 3 months after hearing interested parties, and deferred Ext.P4 action pending such disposal.

Reetha Raveendran Vs State of Kerala — Education and Admissions | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
WP(C) NO. 2087 OF 2023

¶4

PETITIONER:

¶5

REETHA RAVINDRAN
AGED 41 YEARS
JYOTHI, AROORKONAM, VELIYAM P.O.,
KOTTARAKARA,KOLLAM DISTRICT (HSA,TVTM HIGH SCHOOL,
VELIYAM P.O., KOTTARAKARA), PIN - 691540
BY ADVS.
M.RAJENDRAN NAIR
ABRAHAM P.GEORGE
M.SANTHY
PRAKASH KESAVAN

¶6

RESPONDENTS:

¶7

1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY, EDUCATION DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001

¶8

2 THE DIRECTOR GENERAL OF EDUCATION JAGATHY, THIRUVANANTHAPURAM, PIN - 695014

¶9

3 THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, NEAR HIGH SCHOOL JUNCTION, KOLLAM P.O, KOLLAM DISTRICT, PIN - 691013

¶10

4 THE DISTRICT EDUCATION OFFICER KOTTARAKARA, KOTTARAKKARA P.O., KOLLAM, PIN - 691506

¶11

5 THE HEAD MISTRESS TVTM HIGH SCHOOL, VELIYAM P.O., KOTTARAKARA, KOLLAM DISTRICT, PIN - 691541 BY ADV PUBLIC PROSECUTOR

¶12

SMT.NISHA BOSE -SR.GP

¶13

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

¶14

03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

WP(C) NO. 2087 OF 2023 2

¶16

JUDGMENT

¶17

Even though the petitioner impugns Ext.P4 order, it is conceded by her learned counsel - Sri.M.Rajendran Nair, that Ext.P6 – Statutory Revision has been preferred before the Government against it, invoking the provisions of Rule 38(2) of Chapter XIVA of the Kerala Education Rules (‘KER’ for short). The learned counsel, therefore, alternatively prayed that the competent Authority of the Government be directed to take up Ext.P6 – Statutory Revision and dispose it of, within a time frame to be fixed by this Court.

¶18

Smt.Nisha Bose - learned Senior Government Pleader appearing for the official respondents, submitted that there is no legal impediment in Ext.P6 - Statutory Revision being taken up and disposed of by the competent Authority of the 1^st respondent; but prayed that this Court may not make any affirmative declarations on her entitlement to any relief and leave it to be decided by the competent Authority, in terms of law.

¶19

In the afore circumstances, I allow this writ petition and direct the competent Authority of the 1^st respondent to take up Ext.P6 and dispose of the same, after affording an opportunity of being heard to the petitioner; the Manager of the School; the 5^th respondent – Headmistress; and to any other person who may be interested in

¶20

WP(C) NO. 2087 OF 2023 3

¶21

being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment.

¶22

Needless to say, until such time as the afore exercise is completed and the resultant order communicated to the petitioner, all further action pursuant to Ext.P4 shall stand deferred.

¶23

Sd/-

¶24

DEVAN RAMACHANDRAN JUDGE

¶25

MC/3.2

¶26

WP(C) NO. 2087 OF 2023 4

¶27

¶28

PETITIONER EXHIBITS

¶29

Exhibit P1THE TRUE PHOTOCOPY OF THE ORDER PASSED BY
THE 3RD RESPONDENT FIXING THE SENIORITY OF
THE TEACHERS IN VELIYAM TVTM HIGH SCHOOL
DATED 18/02/2022

¶30

Exhibit P2THE TRUE PHOTOCOPY OF THE ORDER
B3/45669/2022 DATED 05/08/222 PASSED BY
THE 4TH RESPONDENT
Exhibit P3THE TRUE COPY OF THE JUDGMENT IN WP(C)
27583/2022 DT. 20/10/2022 PASSED BY THE
HON'BLE HIGH COURT OF KERALA
Exhibit P4THE TRUE COPY OF THE ORDER NO.
DDEKLM/4914/2022 - B4 DT. 23/12/2022 OF
THIRD RESPONDENT
Exhibit P5THE TRUE COPY OF THE ORDER OF THE 2ND
RESPONDENT NO. ET 1/3636/2022/ DGE/DGE
DT.16/11/2022
Exhibit P6THE TRUE COPY OF THE REVISION PETITION DT.
30/11/2022
Exhibit P7THE TRUE COPY OF THE G.O.(PRINT)
NO.7/2022(GEDN) DT. 20/06/2022

Reetha Raveendran v. State of Kerala

Case brief

What is this about?

What did the court decide?

Reetha Raveendran 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Royal Sundaram General Insurance Company Limited, Vs Shabu Kurian

The Thuruthippuram Service Co-Operative Bank Ltd. No. 1789 Vs V.R. Antony

Ayisha, Vs New India Assurace Company Ltd.

National Insurance Compant Limitted, Vs Kevin Kuriakose

Jibin Antony Vs Unnikrishnan Nair A.N

Denny v M, Vs 1. State of Kerala