Disposed

Manjusha T v. Secretary to Government, General Education Department

Kerala HC3 Jan 2024WP(C)/183/2014

Case brief

AI extract

What is this about?

A teacher challenged cancellation of approval of her appointment and sought inclusion in the Teacher's package. The court did not decide the merits but directed the Government to consider her pending revision within three months after hearing affected parties.

What did the court decide?

Direction to first respondent to consider Ext.P4 within three months with opportunity of hearing; petitioner free to produce additional documents.

Manjusha T Vs Secretary to Government, General… — Education and Admissions | Kerala HC (2024)

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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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WEDNESDAY, THE 3RD DAY OF JANUARY 2024 / 13TH POUSHA, 1945
WP(C) NO. 183 OF 2014

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PETITIONER:

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MANJUSHA T, AGED 39 YEARS, W/O.JAYAKUMAR, WORKED
AS HSA(HINDI), MGM, HIGH SCHOOL, POOZHANAD,
THIRUVANANTHAPURAM
RESIDING AT SREE VINAYAKAM, POOZHANAD P O
THIRUVANANTHAPURAM
BY ADV P.N.MOHANAN

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RESPONDENTS:

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1 SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695001

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2 DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAPM 695001

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3 THE MANAGER, MGM HIGH SCHOOL, POOZHANAD, THIRUVANANTHAPURAM 695125

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BY ADVS.
SRI.C.K.MOHANAN

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OTHER PRESENT:

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SRI BIJOY CHANDRAN, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.01.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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W.P(C).183/2014

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P. V. KUNHIKRISHNAN, J.

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W.P(C).No.183 of 2014

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Dated this the 3^rd day of January, 2024

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JUDGMENT

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This Writ Petition is filed with the following prayers:

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a) Call for the records leading to issue Ext.P3, Ext.P9 and P13 and the same may be quashed by issuing a writ of certiorari.

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b) Issue a writ of mandamus or any other appropriate writ directing the 1^st respondent to allow the request of the petitioner for inclusion of her name in the Teacher’s package.

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c) Issue a writ of mandamus directing the respondent no.1 to reconsider Ext.P4 and P11 in accordance with law and in the meanwhile permit the petitioner to continue in school and to pay salary.

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d) Pass such any other order, relief or direction as your good office may deem fit in the interest of justice, equity and good conscience.

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The petitioner is a teacher who was working as the High

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School Assistant in M.G.M High School, Poozhanad,

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W.P(C).183/2014

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Thiruvananthapuram and the 3^rd respondent is the manager of the school. The petitioner was appointed as teacher on 01.06.2005. It is submitted that the approval of the petitioner’s appointment was cancelled as per ext.P3 on the basis of audit objection. The petitioner submitted Ext.P4 revision against the same before the Government. The same is pending. The petitioner submitted that, there may be a direction to consider the same.

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Heard the learned counsel for the petitioner and also the learned Government Pleader. No notice is necessary to the 3^rd respondent. If 3^rd respondent is aggrieved by this judgment, 3^rd respondent is free to file a review petition.

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After hearing both sides, I think this Writ Petition need not be considered on merit. There can be a direction to consider Ext.P4 within a time frame with notice to the petitioner and affected parties.

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Therefore, this Writ Petition is disposed of with the following directions:

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a) The 1^st respondent is directed to consider and pass appropriate orders in Ext.P4, after giving an opportunity of hearing to the petitioner and other affected parties, as expeditiously as possible, at any rate within three months from the date of receipt of a copy of this judgment.

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W.P(C).183/2014

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b) The petitioner is free to produce additional documents/additional representation.

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c) The 1^st respondent will also consider the applicability of the dictum laid down by this Court in Usuvathunnisa v. Asst. Educational Officer [1990(2) KLT 530].

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Sd/-

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P. V. KUNHIKRISHNAN JUDGE

Sbna/

W.P(C).183/2014

APPENDIX OF WP(C) 183/2014

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`PETITIONER EXHIBITS`
`EXT.P1` `A TRUE PHOTOCOPY OF THE APPOINTMENT` `ORDER OF THE PETITIONER`
`EXT.P2` `A TRUE PHOTOCOPY OF THE COMMUNICATION` `DATED 07.02.2009 MADE BY THE DEO TO THE` `DPI.`
`EXT.P3` `A TRUE PHOTOCOPY OF THE ORDER DATED` `05.01.2010 OF THE DPI.`
`EXT.P4` `A TRUE PHOTOCOPY OF THE REVISION` `PETITION DATED 16.03.2010`
`EXT.P5` `A TRUE PHOTOCOPY OF THE ORDER` `NO.GO(P)199/11/G.EDN.DATED 01.10.2011.`
`EXT.P6` `THE REQUEST LETTER DATED 10.11.2011` `SUBMITTED IN THE SUTHARYA KERALA` `PROGRAMME OF THE CHIEF MINISTER.`
`EXT.P7` `A TRUE PHOTOCOPY OF THE REPORT VIDE` `NO.B6/3895/2011 DATED 03.04.2012 ISSUED` `BY THE DEO.`
`EXT.P8` `A TRUE PHOTOCOPY OF THE REPORT VIDE` `NO.B4/24919/12 DATED 14.05.2012,AGAINST` `THE PETITIONER`
`EXT.P9` `A TRUE PHOTOCOPY OF THE ORDER` `NO.H2/27033/12/DPI DATED 01.06.2012.`
`EXT.P10` `A TRUE PHOTOCOPY OF THE REPRESENTATION` `DATED 09.08.2006 MADE BY THE PETITIONER` `TO THE DEO.`
`EXT.P11` `A TRUE PHOTOCOPY OF THE REMINDER FOR THE` `EARLIEST CONSIDERATION OF EXT-P4,TO THE` `IST RES,ON 10.06.2012.`
`EXT.P12` `A TRUE PHOTOCOPY OF THE JUDGMENT DATED` `06.11.2012 OF THE HON'BLE COURT IN` `WP(C)26098/2012.`
`EXT.P13` `A TRUE PHOTOCOPY OF THE ORDER VIDE G.O.` `(RT.)NO.4117/2013/G.EDN.DATED` `05.10.2013.`
`EXT.P14` `A TRUE PHOTOCOPY OF THE ORDER BEARING` `NO.B5/29579/2006 DATED 25.04.2008 TO THE` `3RD RESPONDENT.`

Manjusha T v. Secretary to Government, General Education Department

Case brief

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Manjusha T v. Secretary to Government, General Education Department

Case brief

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