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Ivy J vs the State of Kerala

IVY J vs The State of Kerala

Type Court Judgment Court Kerala Decided Jul 24, 2024
~3 min read
https://sooperkanoon.com/case/1329135

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/26318/2024

Parties & Advocates

Appellant / Petitioner

IVY J

Respondent

The State of Kerala

Excerpt

.....is appointed. according to the petitioner, he is denied the opportunity of promotion, as the 5th respondent now promoted, is also qualified to be appointed as hsst. in such circumstances, the petitioner submitted ext.p3 representation before the 3rd respondent.2. limited prayer sought by the petitioner is to direct the 3 rdrespondent to pass orders on ext.p3 within a time frame. after hearing the learned counsel for the petitioner and the learned government pleader, i am inclined to dispose of this writ petition. accordingly, it is ordered that the 3 rd respondent shall take up ext.p3 and appropriate orders thereon shall be passed after wpc.no.26318/24 4 hearing the petitioner, the 4 th and 5th respondents. orders in this regard shall be passed by following the timeline and preferences mentioned in the g.o.(ms).no.54/2024/gedn dated 01.06.2024. sd/- ziyad rahman a.a. judge wpc.no.26318/24 5 appendix of wp(c) 26318/2024 petitioner exhibits exhibit p-1 true copy of the appointment order of the petitioner dated 30.12.2013exhibit p-1(a) true copy of the proceedings of the regional deputy director of higher secondary education videno.tro/4/992/15/hse dated 02.12.2015 exhibit p-2 true copy of the seniority list hsst (junior) dated 01.01.2023 exhibit p-3 true copy of the letter of the petitioner addressing the regional deputy director of higher secondary education dated 12.06.2024 exhibit p-3(a) true copy of the letter of the petitioner addressing the corporate manager dated 12.06.2024 exhibit p-3(b) true copy of the letter of the petitioner addressing the director of general education dated 12.06.2024

Full Judgment

WPC.No.26318/24 1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. WEDNESDAY, THE 24TH DAY OF JULY 2024 / 2ND SRAVANA, 1946 WP(C).NO.26318 OF 2024 PETITIONER: IVY J., AGED 53 YEARS, W/O.VINCENT JOSEPH HSST(JUNIOR) (MATHS), KRIST RAJ HIGHER SECONDARY SCHOOL, KOLLAM DISTRICT - 691 001 (RESIDING AT BAZALEL NEAR MOUNT CARMEL SCHOOL ROAD THANKASSERY, KOLLAM DISTRICT, PIN - 691 001.

BY ADVS. V.A.MUHAMMED M.SAJJAD RESPONDENTS: 1 THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX II, THIRUVANANTHAPURAM, PIN - 695 001. 2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY,THIRUVANANTHAPURAM, PIN - 695 014. 3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANATHAPURAM, PIN - 695 033. 4 THE CORPORATE MANAGER, (DIOCESE OF KOLLAM) KRIST RAJ HIGHER SECONDARY SCHOOL, KOLLAM DISTRICT, PIN - 691 001. WPC.No.26318/24 2 5 SRI.ROYSTON.A, HM TURNED PRINCIPAL(NOT APPROVED), KRIST RAJ HIGHER SECONDARY SCHOOL, KOLLAM DISTRICT, PIN - 691 001. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.No.26318/24 3

JUDGMENT

The petitioner is working s HSST Junior (Mathematics) in the School managed by the 4th respondent. Grievance of the petitioner is against the promotion given to the 5th respondent, who was working as Headmaster in the High School Section of the said school, to the post of Principal in the Higher Secondary Section. According to the petitioner, on account of such promotion being given to the 5 th respondent, he was denied the opportunity to get promotion to the post of HSST, available in the School consequent to the retirement of the Principal in whose place the 5 th respondent is appointed. According to the petitioner, he is denied the opportunity of promotion, as the 5th respondent now promoted, is also qualified to be appointed as HSST. In such circumstances, the petitioner submitted Ext.P3 representation before the 3rd respondent.

2. Limited prayer sought by the petitioner is to direct the 3 rd

respondent to pass orders on Ext.P3 within a time frame. After hearing the learned counsel for the petitioner and the learned Government Pleader, I am inclined to dispose of this writ petition. Accordingly, it is ordered that the 3 rd respondent shall take up Ext.P3 and appropriate orders thereon shall be passed after WPC.No.26318/24 4 hearing the petitioner, the 4 th and 5th respondents. Orders in this regard shall be passed by following the timeline and preferences mentioned in the G.O.(Ms).No.54/2024/GEDN dated 01.06.2024. Sd/- ZIYAD RAHMAN A.A. JUDGE WPC.No.26318/24 5 APPENDIX OF WP(C) 26318/2024 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 30.12.2013

Exhibit P-1(a)        TRUE COPY OF THE PROCEEDINGS OF THE
                      REGIONAL   DEPUTY    DIRECTOR   OF   HIGHER
                      SECONDARY           EDUCATION          VIDE

NO.TRO/4/992/15/HSE DATED 02.12.2015 Exhibit P-2 TRUE COPY OF THE SENIORITY LIST HSST (JUNIOR) DATED 01.01.2023 Exhibit P-3 TRUE COPY OF THE LETTER OF THE PETITIONER ADDRESSING THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION DATED 12.06.2024 Exhibit P-3(a) TRUE COPY OF THE LETTER OF THE PETITIONER ADDRESSING THE CORPORATE MANAGER DATED 12.06.2024 Exhibit P-3(b) TRUE COPY OF THE LETTER OF THE PETITIONER ADDRESSING THE DIRECTOR OF GENERAL EDUCATION DATED 12.06.2024

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