Disposed

Suhra K. M. v. the State of Kerala

Kerala HC20 Feb 2023WP(C)/3506/2022

Case brief

AI extract

What is this about?

This writ petition challenged the rejection of the petitioner's appointment order. The Court directed the first respondent to consider the revision petition filed by the petitioner within four months, ensuring an opportunity of hearing is provided to relevant parties before passing final orders.

What did the court decide?

Directed the 1st respondent to consider the revision petition within four months, affording a hearing to the petitioner and other respondents before passing final orders.

Suhra K. M. Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2023)

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WP(C) NO. 3506 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 P.V.KUNHIKRISHNAN

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MONDAY, THE 20^TH DAY OF FEBRUARY 2023 / 1ST PHALGUNA, 1944 WP(C) NO. 3506 OF 2022

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PETITIONER/S:

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SUHRA K. M. AGED 42 YEARS W/O. MUJEEB RAHMAN, UPPER PRIMARY SCHOOL TEACHER, AIDED MAPPILA UPPER PRIMARY SCHOOL, KAYAKKODI, VADAKARA, KOZHIKODE DISTRICT - 673 101.

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BY ADVS. V.A.MUHAMMED M.SAJJAD

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RESPONDENT/S:

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

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2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM - 695 014.

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3 THE DEPUTY DIRECTOR OF EDUCATION MANANCHIRA, KOZHIKODE - 673 001.

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4 THE DISTRICT EDUCATIONAL OFFICER VADAKARA, KOZHIKODE DISTRICT - 673 101.

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5 THE ASSISTANT EDUCATIONAL OFFICER KUNNUMMAL P. O., MOKERI, KOZHIKODE DISTRICT - 673 516.

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6 THE MANAGER AIDED MAPPILA UPPER PRIMARY SCHOOL, KAYAKKODI, VADAKARA, KOZHIKODE DISTRICT - 673 101.

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SMT.SURYA BINOY, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 3506 OF 2022

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P.V.KUNHIKRISHNAN, J

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W.P.(C) No. 3506 of 2022

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Dated this the 20^th day of February, 2023

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JUDGMENT

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The above writ petition is filed with following prayers :

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(i) “call for the records relating to Ext P5 and set aside the original of the same by the issue of a writ of certiorari or other appropriate writ or order.

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(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 5^th respondent to grant approval to the appointment covered by Ext P1 and disburse the attendant benefits forthwith.

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(iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1^st respondent to consider and pass appropriate orders upon Ext P6 after affording an opportunity of being heard to the petitioner within a time limit.

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(iv) pass such other order or direction which this Hon’ble Court may deem fit and proper to grant in the circumstances of the case.” [SIC]

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The petitioner was appointed in the school as UPST

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from 15.07.2021 onwards. The appointment was made against

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WP(C) NO. 3506 OF 2022 3

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a retirement vacancy, is the submission. According to the petitioner, as per Exts.P2 and P3, the Government made it clear that the appointments made by the aided School Teachers as against promotion/retirement/resignation/death vacancies can be approved without insisting for appointment of protected hands against such vacancies. Yet, the Asst. Education Officer declined to approve the appointment of the petitioner on the ground that it is a claim for compassionate appointment is the submission. Seeking approval to Ext.P1, the petitioner moved a revision before the Government as evident by Ext.P6. The grievance of the petitioner is that the same is not considered.

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Heard the learned counsel for the petitioner and the learned Government Pleader. No notice is necessary to respondent Nos. 6 and 7 because, this Court is only going to direct the Government to consider the revision. There can be a further direction to give notice to the respondent Nos. 6 and 7 also before passing final orders in the revision.

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Therefore, this writ petition is disposed of with the following directions :

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The 1^st respondent is directed to consider and pass

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WP(C) NO. 3506 OF 2022 4

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appropriate orders in Ext.P6 as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of this judgment.

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1. Before passing final orders, the 1^st respondent will give an opportunity of hearing to the petitioner and the respondent Nos. 6 and 7.

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1. The petitioner will produce a certified copy of this judgment along with a copy of this writ petition before the 1^st respondent for compliance.

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sd/JUDGE

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P.V.KUNHIKRISHNAN

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SKS

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WP(C) NO. 3506 OF 2022

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APPENDIX OF WP(C) 3506/2022

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PETITION	ER EXHIB	ITS
Exhibit	P1	TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 15.07.2021.
Exhibit	P2	TRUE COPY OF THE G.O.(P) NO.3/2019/G.EDN. DATED 28.02.2019 OF THE GOVERNMENT.
Exhibit	P3	TRUE COPY OF THE CIRCULAR NO.J2/57/2019/G.EDN. DATED 08.03.2019 OF THE GOVERNMENT.
Exhibit	P4	TRUE COPY OF THE G.O.(RT) NO.1542/2020/G.EDN. DATED 07.05.2020 OF THE GOVERNMENT.
Exhibit	P5	TRUE COPY OF THE ORDER NO.B-14914/2021 DATED 13.08.2021 OF THE AEO, KUNNUMMAL.
Exhibit	P6	TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT BY THE PETITIONER DATED 15.10.2021 (WITHOUT EXHIBITS).
Exhibit	P7	TRUE COPY OF THE DECISION REPORTED IN 2017(3) KHC 429 DECIDED ON 19.06.2017.
Exhibit	P8	TRUE COPY OF THE STAFF LIST AS ON 15.07.2021 PREPARED BY THE HEADMASTER OF THE SCHOOL.

Suhra K. M. v. the State of Kerala

Case brief

What is this about?

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Suhra K. M. v. the State of Kerala

Case brief

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