Flabby Thomas vs the State of Kerala

Flabby Thomas vs The State of Kerala

Type Court Judgment Court Kerala Decided Mar 13, 2023

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https://sooperkanoon.com/case/1345805

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Citation: sooperkanoon.com/1345805
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Mar 13, 2023
Case Number: WP(C)/8593/2023

Parties & Advocates

Appellant / Petitioner

Flabby Thomas

Respondent

The State of Kerala

Excerpt

.....is filed with following prayers: “(i) call for the records relating to exhibit p-6 and set aside the original of the same by the issue of a writ of certiorari or other appropriate writ or order.(ii) declare that exhibits p-7, p-11 and p-14 orders are unsustainable in view of rule 3 (1) of chapter xxxi kers.(iii) issue a writ of mandamus or other appropriate writorder or direction commanding the 1st respondent toeffectively consider and pass appropriate orders upon exhibit p-13 revision petition after affording an opportunity of being heard to the petitioner within a time limit.(iv) to dispense with filing of english translation of vernacular documents produced along with the writ petition. 3-(v) 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)2. when this writ petition came up for consideration, the counsel for the petitioner submitted that the petitioner will be satisfied if a direction is issued to consider ext.p13 revision by the 1st respondent.3. heard the government pleader also.4. after hearing both sides, i think this writ petition itselfcan be disposed of directing the 1st respondent to consider ext.p13 revision within a time frame. therefore, this writ petition is disposed of in the following manner:1. the 1st respondent is directed to consider and pass appropriate orders in ext.p13 revision, as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of this judgment. 4-2. before passing final orders, the 1st respondent will give an opportunity of hearing to the petitioner.3. the petitioner will produce a certified copy of thisjudgment together with a copy of this writ petitionbefore the 1st respondent for compliance. sd/- p.v.kunhikrishnan judge das 5- appendix of wp(c) 8593/2023 petitioner exhibits ext. p-1 true copy of the appointment order of the petitioner dated 01.06.2017 ext. p-2 true copy of the letter no......

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944 WP(C) NO. 8593 OF 2023 PETITIONER/S: FLABBY THOMAS AGED 45 YEARS WIFE OF REJI ABRAHAM UPPER PRIMARY SCHOOL TEACHER, ARYA BHARATHI HIGH SCHOOL, OMALLUR P O PATHANAMTHITTA DISTRICT, PIN - 689647 BY ADVS. V.A.MUHAMMED V.RAJASEKHARAN NAIR RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 3 THE DEPUTY DIRECTOR OF EDUCATION PATHANAMTHITTA @ THIRUVALLA, PIN - 689101 4 THE DISTRICT EDUCATIONAL OFFICER CIVIL STATION, PATHANAMTHITTA, PIN - 689545 5 THE CORRESPONDENT M S C SCHOOLS, PATHANAMTHITTA, UPASANA PASTORAL CENTRE. P.O. OMALLUR, PATHANAMTHITTA DISTRICT, PIN - 689647
OTHER PRESENT: SMT. NISHA BOSE SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2-
P.V.KUNHIKRISHNAN, J.

====================================================== W.P.(C) No. 8593 of 2023 ============================================================= Dated this the 13th day of March, 2023

JUDGMENT

The above writ petition is filed with following prayers: “(i) call for the records relating to Exhibit P-6 and set aside the original of the same by the issue of a writ of certiorari or other appropriate writ or order.

(ii) declare that Exhibits P-7, P-11 and P-14 orders are unsustainable in view of Rule 3 (1) of Chapter XXXI KERS.

(iii) issue a writ of mandamus or other appropriate writ

order or direction commanding the 1st Respondent to

effectively consider and pass appropriate orders upon Exhibit P-13 Revision Petition after affording an opportunity of being heard to the Petitioner within a time limit.

(iv) to dispense with filing of English translation of vernacular documents produced along with the Writ Petition. 3-

(v) 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)

2. When this writ petition came up for consideration, the counsel for the petitioner submitted that the petitioner will be satisfied if a direction is issued to consider Ext.P13 revision by the 1st respondent.

3. Heard the Government Pleader also.

4. After hearing both sides, I think this writ petition itself

can be disposed of directing the 1st respondent to consider Ext.P13 revision within a time frame. Therefore, this writ petition is disposed of in the following manner:

1. The 1st respondent is directed to consider and pass appropriate orders in Ext.P13 revision, as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of this judgment. 4-

2. Before passing final orders, the 1st respondent will give an opportunity of hearing to the petitioner.

3. The petitioner will produce a certified copy of this

judgment together with a copy of this writ petition

before the 1st respondent for compliance. sd/- P.V.KUNHIKRISHNAN JUDGE das 5- APPENDIX OF WP(C) 8593/2023 PETITIONER EXHIBITS Ext. P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2017 Ext. P-2 TRUE COPY OF THE LETTER NO. B4/4415/ 17/L.DIS. DATED 03.11.2017 DECLINING APPROVAL TO THE APPOINTMENT OF THE PETITIONER Ext. P-3 TRUE COPY OF THE LETTER NO. B4/21382/ 2021 DATED 30.11.2021 DECLINING APPROVAL TO THE APPOINTMENT OF THE PETITIONER Ext. P-4 TRUE COPY OF THE LETTER NO. A3/189/ 2021/GEDN DATED 16.08.2022 OF THE GOVERNMENT Ext. P-5 TRUE COPY OF THE ORDER NO. B4/6061/2022 DATED 23.09.2022 OF THE DEO, PATHANAMTHITTA Ext. P-6 TRUE COPY OF THE ORDER NO. B4/43543/ 2022 DATED 28.02.2023 OF THE DEO, PATHANAMTHITTA Ext. P-7 TRUE COPY OF THE G.O. (MS.) NO. Ext. P-8 TRUE COPY OF THE B.SC. CERTIFICATE DATED 27.12.1999 OF THE CALICUT UNIVERSITY Ext. P-9 TRUE COPY OF THE B.ED DEGREE CERTIFICATE ISSUED BY THE M.G. UNIVERSITY DATED 20.03.2004 Ext. P-10 TRUE COPY OF THE K-TET CERTIFICATE ISSUED BY THE SECRETARY, BOARD OF EXAMINATIONS (K-TET), KERALA DATED 25.06.2018 Ext. P-11 TRUE COPY OF THE G.O. (MS.) NO. Ext. P-12 TRUE COPY OF THE DECISION REPORTED IN

2009 KHC 1287=ILR 2009 (4) KER. 783 (RADHAMONI V. DIRECTOR OF PUBLIC INSTRUCTION, TVM. AND OTHERS DECIDED ON 12.11.2009 Ext. P-13 TRUE COPY OF THE REVISION PETITION DATED 01.03.2023 SUBMITTED BEFORE THE 1ST RESPONDENT 6- Ext. P-14 TRUE COPY OF THE G.O. (RT.) NO. Ext. P-15 TRUE COPY OF THE JUDGMENT IN BIJU GEORGE V. SMT. SHEEJA E C AND OTHERS (W.A. NO.

Ext. P-16                   TRUE COPY OF THE G.O. (RT.) NO.
Ext. P-17                   TRUE COPY OF THE G.O. (RT.) NO.
Ext. P-18                   TRUE COPY OF THE G.O. (RT.) NO.
Ext. P-19                   TRUE COPY OF THE JUDGMENT IN W.A. NO.

Same Court & Year Kerala · 2023 Same Parties Flabby Thomas vs The State of Kerala Same Judge Honourable Mr. Justice P.V.Kunhikrishnan