Disposed

Rajasree A.V v. the State of Kerala

Kerala HC11 Jan 2023WP(C)/776/2023

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition at the admission stage, directing the 1st respondent to afford an opportunity to the petitioner and 4th respondent before passing appropriate orders on the revision petition within four months. Additionally, the Court directed respondents to continue salary payment and stay recovery proceedings until the revision petition is decided.

What did the court decide?

Directed 1st respondent to afford opportunity of hearing and pass appropriate orders on petitioners revision petition within four months; respondents to continue salary payment and stay recovery proce

Rajasree A.V Vs the State of Kerala — Education and Admissions | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶2

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 11THDAY OF JANUARY 2023 / 21ST POUSHA,1944

¶3

WP(C) NO. 776 OF 2023

¶4

PETITIONER/S:

¶5

RAJASREE A.V
AGED 49 YEARS
W/O.PRADEEP M.K ,
SREE, VELLODY COMPLEX, P.O MANKADA,
MALAPPURAM DISTRICT, PIN - 679324

¶6

BY ADV K.M.SATHYANATHA MENON

¶7

RESPONDENT/S:

¶8

1THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT
GENERAL EDUCATION DEPARTMENT
SECRETARIAT ANNEXURE II
THIRUVANATHAPURAM, PIN - 695001

¶9

2THE DIRECTOR OF GENERAL EDUCATION
(HIGHER SECONDARY EDUCATION WING)
HOUSING BOARD BUILDINGS, SANTHI NAGAR
THIRUVANANTHAPURAM, PIN - 695001

¶10

3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION B2 BLOCK, CIVIL STATION, MALAPPURAM, PIN - 676505

¶11

4 THE MANAGER AND COMMANDANT OF MSP HIGHER SECONDARY SCHOOL, UP HILL POST, MALAPPURAM, PIN - 676505

¶12

SMT NISHA BOSE SR GP

¶13

THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON11.01.2023,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:

¶14

WP(C) NO. 776 OF 2023

¶15

¶16

JUDGMENT

¶17

This writ petition is filed seeking to quash Exhibit P6 and for a further direction to the 3rd respondent to approve the appointment of the petitioner as Higher Secondary School Teacher (HSST) (Sociology). The petitioner contends that she was appointed as HSST (Sociology) in the M.S.P. Higher Secondary School, Malappuram, in terms of Exhibit P2 order. However, though the Manager had forwarded the appointment order for sanction from the 3rd respondent, the same is rejected by Exhibit P6 order. Challenging Exhibit P6, the petitioner has preferred Exhibit P7 revision petition before the 1st respondent.

¶18

Though various other reliefs are claimed, Sri. K.M. Sathyanatha Menon, the learned counsel appearing for the petitioner, submits that, for the time being, the petitioner would be satisfied if Exhibit P7 Revision Petition is ordered to be heard and disposed of. The learned counsel also prays that until orders are passed, recovery proceedings, if any, initiated against the petitioner herein be stayed.

¶19

I have heard the learned Government Pleader. In view of the limited nature of the relief sought, no prejudice would be caused to the 4th respondent if notice is dispensed with.

¶20

After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar, and the facts and

¶21

WP(C) NO. 776 OF 2023

¶22

¶23

circumstances, I am of the view that this writ petition can be disposed of at the admission stage itself by issuing the following directions:

¶24

a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P7, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorized representative and the 4th respondent.

¶25

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

¶26

c) The respondents shall continue to pay the salary to the petitioner in the cadre of HSA, and until orders are passed on Exhibit P7, recovery proceedings, if any, initiated against the petitioner shall be kept in abeyance.

¶27

d) 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.

¶28

This writ petition is disposed of.

¶29

Sd/-

¶30

RAJA VIJAYARAGHAVAN V JUDGE

¶31

avs

¶32

WP(C) NO. 776 OF 2023

¶33

¶34

APPENDIX OF WP(C) 776/2023

¶35

PETITIONER EXHIBITS

¶36

`Exhibit P1`	`TRUE COPY OF THE APPOINTMENT ORDER OF PETITIONER` `ISSUED BY THE MANAGER MSP HIGH SCHOOL, MALAPPPURAM` `DATED 6.06.2001`
`Exhibit P2`	`TRUE COPY OF THE APPOINTMENT ORDER OF PETITIONER` `AS HSST (SOCIOLOGY) ISSUED BY MSP HIGHER SECONDARY` `SCHOOL, MALAPPURAM DATED 29.04.2021`
`Exhibit P3`	`TRUE COPY OF THE PROCEEDINGS NO:` `D/7564/RDD/HAS/MLPM DATED 21.02.2022 OF REGIONAL` `DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION,` `MALAPPURAM`
`Exhibit4`	`TRUE COPY OF THE PROCEEDINGS NO:` `D/2260/21/RDD/H.S.E/MLPM/KDIS DATED 29.10.2021` `ISSUED BY THE REGIONAL DEPUTY DIRECTOR OF HIGHER` `SECONDARY EDUCATION, MALAPPURAM`
`Exhibit P5`	`TRUE COPY OF G.O (RT) NO: 2058/2022/GEDN DATED` `26.03.2022`
`Exhibit P6`	`TRUE COPY OF THE ORDER NO:` `D/7564/2021/RDD/HSE/KDIS DATED 20.10.2022 OF` `REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY` `EDUCATION, MALAPPURAM`
`Exhibit P7`	`TRUE COPY OF THE REVISION PETITION DATED NIL` `SUBMITTED BY THE PETITIONER BEFORE THE 1ST` `RESPONDENT`
`Exhibit P8`	`TRUE COPY OF THE JUDGMENT IN WP(C) NO: 35936/2022` `DATED 9.11.2022`

Rajasree A.V v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Rajasree A.V v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

The Principal Vs State of Kerala

Manager, Chettiyath Up School Vs Sindhu K K

The Manager Vs State of Kerala

Swapna.S Vs State of Kerala

Shamila Farhath K Vs the State of Kerala

Ajimon T.U Vs the State of Kerala