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V. M Reena vs State of Kerala

V. M Reena vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 02, 2024
~3 min read
https://sooperkanoon.com/case/1306484

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/4399/2024

Parties & Advocates

Appellant / Petitioner

V. M Reena

Respondent

State of Kerala

Excerpt

.....the 2nd day of february, 2024judgmentthe petitioner challenges ext.p5 order that transferred her and has filed ext.p6 revision against the transfer before the first respondent secretary to the government. the petitioner also points out that the earlier direction of this court in ext.p4 to finalise the seniority list has not been complied with so far.2. heard the learned government pleader.3. in the facts of the case, there will be a direction to the firstrespondent to consider ext.p6 with notice to the petitioner after affording an opportunity of hearing, either personally or online, within a period of three weeks from today. notice shall also be issued to other affected persons, if any.4. till orders are passed as directed above, the operation of ext.p5, in so far as the petitioner is concerned, is stayed.5. learned government pleader will communicate this order to thedeputy director of education, palakkad, for compliance. the writ petition is disposed of as above. sd/- mohammed nias c.p. judge apa ..4.. appendix of wp(c) 4399/2024 petitioner exhibits exhibit p1 the true copy of the order dated 18/12/2023 bearing no. ddepkd/3451/2023-b3 passed by the 2nd respondent exhibit p2 the true copy of communication dated 21.12.2023 bearing no. ddepkd/5138/2023-b3 of the 2nd respondent exhibit p3 true copy of the order dated 05.05.2023 as go(rt) no.2771/2023/gedn by the 1st respondent exhibit p4 true copy of the judgement dated 26.10.2022 in wpc no. 34029 of 2022 of this hon'ble court exhibit p5 true copy of the order no: b3/5138/2023 passed by the 2nd respondent dated 28/01/2024 exhibit p6 true copy of the revision petition invokingrule 92 of chapter xiv a of the kerala education rules 1959 filed before the 1st respondent dated 31.01.2024 exhibit p7 the true copy of the postal receipt dated to the 1st respondent

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 2ND DAY OF FEBRUARY 2024 / 13TH MAGHA, 1945 WP(C) NO. 4399 OF 2024 PETITIONER: V. M REENA AGED 51 YEARS LPST (UNDER ORDERS OF TRANSFER TO ST. MARY'S L.P SCHOOL, ACHANAMKODE, AFTER BEING RECALLED TO THE PARENT SCHOOL ALPS RAMASSERY, AFTER PROTECTION) W/O O.K SARASCHANDRAN, "POURNAMI", THAMARAKULAM, KANJIKODE EAST, PIN - 678621 BY ADVS. K.S.BHARATHAN AADITHYAN S.MANNALI ALEENA SONY RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION (B) DEPARTMENT, SECRETARIAT ANNEXE-II, THIRUVANATHAPURAM, PIN - 695001 2 THE DEPUTY DIRECTOR OF EDUCATION CIVIL STATION, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD, KERALA, PIN - 678001 3 THE DISTRICT EDUCATIONAL OFFICER ROBINSONS ROAD, PALAKKAD, PIN - 678014 4 THE ASSISTANT EDUCATION OFFICER ASSISTANT EDUCATIONAL OFFICE, THATHAMANGALAM, KERALA, PIN - 678101 5 THE ASSISTANT EDUCATION OFFICER KOLLENGODE ANAMARI RD, KOLLENGODE, PIN - 678506 6 THE MANAGER ALPS RAMASSERY, PALAKKAD, UNDER THE CORPORATE MANAGEMENT OF SANGEETHA SOCIETY MANAGEMENT CORPORATE AIDED SCHOOLS, PALAMATTOM P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686536 7 MONISHA.M W/O. RAKUNDAN, ST.MARY'S LPS RAMASSERY, RAMASSERY P.O. RAMASSERY, PALAKKAD DISTRICT ..2..

(RESIDING AT MARUDARIKALAM, PALOD MADASSERY, THATHAMANGALAM POST, PALAKKAD DISTRICT, PIN - 678102 8 SYAM SURESH S/O. SURESH BABU, ST.MARY'S LPS RAMASSERY, RAMASSERY P.O. RAMASSERY, PALAKKAD DISTRICT (RESIDING AT SREENILAYAM, THOOVAKKAD, VALAVANNOOR, MALAPPURAM DISTRICT ), PIN - 678622 9 SUDHABHAI W/O.HARIDAS U., SREELAKAM, CHORAMKULAM, CHITTILAMCHERY, PALAKKAD, WORKING AS HEADMISTRESS ALPS RAMASSERY, CHITTUR, PALAKKAD, PRESENTLY KNOWN ST.MARY'S LP SCHOOL, RAMASSERY, PIN - 678704 PREMCHAND V NAIR SR GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..3..

MOHAMMED NIAS C.P., J.

--------------------- W.P.(C) No. 4399 of 2024 --------------------------- Dated this the 2nd day of February, 2024

JUDGMENT

The petitioner challenges Ext.P5 order that transferred her and has filed Ext.P6 revision against the transfer before the first respondent Secretary to the Government. The petitioner also points out that the earlier direction of this Court in Ext.P4 to finalise the seniority list has not been complied with so far.

2. Heard the learned Government Pleader.

3. In the facts of the case, there will be a direction to the first

respondent to consider Ext.P6 with notice to the petitioner after affording an opportunity of hearing, either personally or online, within a period of three weeks from today. Notice shall also be issued to other affected persons, if any.

4. Till orders are passed as directed above, the operation of Ext.P5, in so far as the petitioner is concerned, is stayed.

5. Learned Government Pleader will communicate this order to the

Deputy Director of Education, Palakkad, for compliance. The writ petition is disposed of as above. Sd/- MOHAMMED NIAS C.P. JUDGE APA ..4.. APPENDIX OF WP(C) 4399/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE ORDER DATED 18/12/2023 BEARING NO. DDEPKD/3451/2023-B3 PASSED BY THE 2ND RESPONDENT Exhibit P2 THE TRUE COPY OF COMMUNICATION DATED 21.12.2023 BEARING NO. DDEPKD/5138/2023-B3 OF THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE ORDER DATED 05.05.2023 AS GO(RT) NO.2771/2023/GEDN BY THE 1ST RESPONDENT Exhibit P4 TRUE COPY OF THE JUDGEMENT DATED 26.10.2022 IN WPC NO. 34029 OF 2022 OF THIS HON'BLE COURT Exhibit P5 TRUE COPY OF THE ORDER NO: B3/5138/2023 PASSED BY THE 2ND RESPONDENT DATED 28/01/2024 Exhibit P6 TRUE COPY OF THE REVISION PETITION INVOKING

RULE 92 OF CHAPTER XIV A OF THE KERALA EDUCATION RULES 1959 FILED BEFORE THE 1ST RESPONDENT DATED 31.01.2024 Exhibit P7 THE TRUE COPY OF THE POSTAL RECEIPT DATED TO THE 1ST RESPONDENT

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Same Court & Year Kerala · 2024 Same Parties V. M Reena vs State of Kerala Same Judge Honourable Mr.Justice Mohammed Nias C.P.

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