Nafla.a.K vs State of Kerala

Type Court Judgment Court Kerala Decided Mar 31, 2023

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Citation: sooperkanoon.com/1351339
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Mar 31, 2023
Case Number: WP(C)/11477/2023

Parties & Advocates

Appellant / Petitioner

Nafla.a.K

Respondent

State of Kerala

Excerpt

.....a writ of mandamus or any other writ, orderor direction to the 2nd respondent to approve the appointment of the petitioner with effect from 1.6.2022. iii) dispense with filing of the translation of vernacular documents. iv) issue such other writs, orders, directions including interim orders deem fit in the circumstances of the case. v) allow this writ petition with costs.2. the petitioner is aggrieved by the non-approval of herappointment. the petitioner approached the 1 st respondent with ext.p6. when this writ petition came up for consideration, the counsel for the petitioner submitted that the petitioner will be -3- satisfied if a direction is issued to the 1 st respondent to consider ext.p6 within a time frame.3. heard the learned government pleader also.4. after hearing both sides, i am of the consideredopinion that this writ petition can be disposed of directing the 1 st respondent to consider ext.p6 which is filed against ext.p5. therefore, this writ petition is disposed of in the following directions:1. the 1st respondent is directed to consider and pass appropriate orders in ext.p6, as expeditiously as possible, at any rate, within four months from the date of receipt a certified copy of this judgment.2. before passing final orders, the 1st respondent will give an opportunity of hearing to the petitioner and the 3rd respondent.3. the petitioner will produce a certified copy of thisjudgment along with a copy of this writ petitionbefore the 1st respondent for compliance. sd/- p.v. kunhikrishnan judge bpr -4- appendix of wp(c) 11477/2023 petitioner's exhibits exhibit-p1 exhibit-p1: true copy of the appointmentorder of the petitioner dated 1.6.2022.exhibit-p2 exhibit-p2: true copy of the governmentorder in g.o.(p).no.19/2020/sjd dated25.8.2020. exhibit-p3 exhibit-p3:true copy of the governmentorder in g.o.(p).no.7/2022/sjd dated28.10.2022. exhibit-p4 exhibit-p4:true copy of the judgment in w.p.(c).no.41639/2022 dated 21.12.2022. exhibit-p5.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945 PETITIONER: NAFLA A.K., AGED 24 YEARS, D/O. KUNHIMOIDEEN KUTTY, LPST, AMLP SCHOOL, PARAMBATTUPARAMBA, BY ADVS. AUGUSTINE JOSEPH TONY AUGUSTINE RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 ASSISTANT EDUCATIONAL OFFICER, MANKADA, MALAPPURAM-679 324. 3 MANAGER, AMLP SCHOOL, PARAMBATTUPARAMBA, R1&R2 SMT. NISHA BOSE, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-
P.V. KUNHIKRISHNAN, J.
Dated this the 31st day of March, 2023

JUDGMENT

The above writ petition is filed with following prayers:

i) issue a writ of mandamus or any other writ, order

or direction to the 1st respondent to consider and pass orders on Ext.P6, affording an opportunity of hearing to the petitioner and within a time limit.

ii) issue a writ of mandamus or any other writ, order

or direction to the 2nd respondent to approve the appointment of the petitioner with effect from 1.6.2022. iii) dispense with filing of the translation of vernacular documents. iv) issue such other writs, orders, directions including interim orders deem fit in the circumstances of the case. v) allow this writ petition with costs.

2. The petitioner is aggrieved by the non-approval of her

appointment. The petitioner approached the 1 st respondent with Ext.P6. When this writ petition came up for consideration, the counsel for the petitioner submitted that the petitioner will be -3- satisfied if a direction is issued to the 1 st respondent to consider Ext.P6 within a time frame.

3. Heard the learned Government Pleader also.

4. After hearing both sides, I am of the considered

opinion that this writ petition can be disposed of directing the 1 st respondent to consider Ext.P6 which is filed against Ext.P5. Therefore, this writ petition is disposed of in the following directions:

1. The 1st respondent is directed to consider and pass appropriate orders in Ext.P6, as expeditiously as possible, at any rate, within four months from the date of receipt a certified copy of this judgment.

2. Before passing final orders, the 1st respondent will give an opportunity of hearing to the petitioner and the 3rd respondent.

3. The petitioner will produce a certified copy of this

judgment along with a copy of this writ petition

before the 1st respondent for compliance. Sd/- P.V. KUNHIKRISHNAN JUDGE bpr -4- APPENDIX OF WP(C) 11477/2023 PETITIONER'S EXHIBITS Exhibit-P1 EXHIBIT-P1: TRUE COPY OF THE APPOINTMENT

ORDER OF THE PETITIONER DATED 1.6.2022.

Exhibit-P2 EXHIBIT-P2: TRUE COPY OF THE GOVERNMENT

ORDER IN G.O.(P).NO.19/2020/SJD DATED

25.8.2020. Exhibit-P3 EXHIBIT-P3:TRUE COPY OF THE GOVERNMENT

ORDER IN G.O.(P).NO.7/2022/SJD DATED

28.10.2022. Exhibit-P4 EXHIBIT-P4:TRUE COPY OF THE JUDGMENT IN W.P.(C).NO.41639/2022 DATED 21.12.2022. Exhibit-P5 EXHIBIT-P5:TRUE COPY OF THE PROCEEDINGS NO.D/31904/2022 DATED 4.3.2023 OF THE 2ND RESPONDENT. Exhibit-P6 EXHIBIT-P6: TRUE COPY OF THE REVISION PETITION DATED 6.3.2023 SUBMITTED BEFORE THE 1ST RESPONDENT.

Same Court & Year Kerala · 2023 Same Parties Nafla.a.K vs State of Kerala Same Judge Honourable Mr. Justice P.V.Kunhikrishnan