Sheeba P. Sam vs the State of Kerala

Sheeba P. Sam vs The State of Kerala

Type Court Judgment Court Kerala Decided Jun 01, 2023

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https://sooperkanoon.com/case/1363955

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Citation: sooperkanoon.com/1363955
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Jun 01, 2023
Case Number: WP(C)/17686/2023

Parties & Advocates

Appellant / Petitioner

Sheeba P. Sam

Respondent

The State of Kerala

Excerpt

.....a writ of mandamus or other appropriate writ, order or direction commanding the 4th respondent to grant approval to the promotion of the petitioner from 15.07.2021 as hst (social service). iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st respondent to consider and pass appropriate orders upon exhibit-p3 after affording an opportunity of being heard to the petitioner within a time limit. [sic]2. when this writ petition came up forconsideration, the learned counsel for the petitioner submitted that the petitioner will be satisfied, if a direction is issued to the 1st respondent to consider ext.p3 within a time frame.3. heard the learned counsel for the petitioner and the learned government pleader.4. after hearing both sides, i this writ petitionitself can be disposed of, directing the 1 st respondent to consider ext.p3 within a time frame. therefore this writ petition is disposed of with following directions.(i) the 1st respondent is directed toconsider and pass appropriate orders in ext.p3 as expeditiously as possible, at any rate, within four months from the date of receipt of a certified copy of the judgment.(ii) before passing final orders, the 1st respondent will give an opportunity of hearing to the petitioner(iii) the petitioner will produce a certifiedcopy of the judgment along with the copy of this writ petition before the 1st respondent for compliance. sd/- p.v kunhikrishnan judge ap appendix of wp(c) 17686/2023 petitioner exhibits exhibit p-1 true copy of the order no. b4/26779/ 2021 dated 26.08.2021 issued by the 4th respondent exhibit p-2 true copy of the appeal submitted before the 2nd respondent 22.09.2021 exhibit p-3 true copy of the revision petition submitted before the government dated 18.03.2023 exhibit p-4 true copy of the eligibility certificate dated 19.07.2021 of the university of kerala exhibit p-5 true copy of the order no. 3429/2021/ uokdated 15.7.2021 recognizing the degree as an eligible.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 1ST DAY OF JUNE 2023 / 11TH JYAISHTA, 1945 WP(C) NO. 17686 OF 2023 PETITIONER: SHEEBA P. SAM AGED 48 YEARS WIFE OF ANIL JOSEPH, HIGH SCHOOL TEACHER (SOCIAL SCIENCE), NOEL MEMORIAL HIGH SCHOOL, KARIYAMPLAVU, PATHANAMTHITTA DISTRICT, PIN - 689615 BY ADVS. V.A.MUHAMMED PRESAD V.G. RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 3 THE DEPUTY DIRECTOR OF EDUCATION PATHANAMTHITTA @ THIRUVALLA, PIN - 689101 4 TGHE DISTRICT EDUCATIONAL OFFICER THIRUVALLA, PATHANAMTHITTA, PIN - 689101 5 THE CORPORATE MANAGER NOEL MEMORIAL HIGH SCHOOL, KARIYAMPLAVU, PATHANAMTHITTA DISTRICT, PIN - 689615
SMT.SURYA BINOY, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
------------------------------ W.P.(C).No. 17686 of 2023 ---------------------------------------------- Dated this the 1st day of June, 2023

JUDGMENT

This writ petition is filed with the following prayers:

i) Call for the records relating to Exhibit P1 and set aside the original of the same by the issue of a writ of certiorari or appropriate writ or order. ii) Issue a writ of mandamus or other appropriate writ, order or direction commanding the 4th respondent to grant approval to the promotion of the petitioner from 15.07.2021 as HST (Social Service). iii) Issue a writ of mandamus or other appropriate writ order or direction commanding the 1st respondent to consider and pass appropriate orders upon Exhibit-P3 after affording an opportunity of being heard to the petitioner within a time limit. [SIC]

2. When this writ petition came up for

consideration, the learned counsel for the petitioner submitted that the petitioner will be satisfied, if a direction is issued to the 1st respondent to consider Ext.P3 within a time frame.

3. Heard the learned counsel for the petitioner and the learned Government Pleader.

4. After hearing both sides, I this writ petition

itself can be disposed of, directing the 1 st respondent to consider Ext.P3 within a time frame. Therefore this writ petition is disposed of with following directions.

(i) The 1st respondent is directed to

consider and pass appropriate orders in Ext.P3 as expeditiously as possible, at any rate, within four months from the date of receipt of a certified copy of the judgment.

(ii) Before passing final orders, the 1st respondent will give an opportunity of hearing to the petitioner

(iii) The petitioner will produce a certified

copy of the judgment along with the copy of this writ petition before the 1st respondent for compliance. Sd/- P.V KUNHIKRISHNAN JUDGE AP APPENDIX OF WP(C) 17686/2023 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE ORDER NO. B4/26779/ 2021 DATED 26.08.2021 ISSUED BY THE 4TH RESPONDENT Exhibit P-2 TRUE COPY OF THE APPEAL SUBMITTED BEFORE THE 2ND RESPONDENT 22.09.2021 Exhibit P-3 TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE GOVERNMENT DATED 18.03.2023 Exhibit P-4 TRUE COPY OF THE ELIGIBILITY CERTIFICATE DATED 19.07.2021 OF THE UNIVERSITY OF KERALA Exhibit P-5 TRUE COPY OF THE ORDER NO. 3429/2021/ UOK

DATED 15.7.2021 RECOGNIZING THE DEGREE AS AN ELIGIBLE QUALIFICATION FOR THE PURPOSE OF EMPLOYMENT IN THE FIELD OF SOCIAL SCIENCES Exhibit P-6 TRUE COPY OF THE G.O. (MS.) NO.

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