Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944 WP(C) NO. 1423 OF 2022 PETITIONER: C.J. SOPHY, AGED 40 YEARS H M IN CHARGE, LPST, AMLP SCHOOL, THOZHIYUR, THRISSUR 680 520, RESIDING AT KUNDUKULAM HOUSE, KAVEED (PO), KOTTAPADI (VIA), THRISSUR - 680 505. BY ADV U.BALAGANGADHARAN RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE DIRECTOR OF GENERAL EDUCATION, (FORMER DIRECTOR OF PUBLIC INSTRUCTIONS), D.P.I. OFFICE, JAGATHY, THIRUVANANTHAPURAM - 695 014. 3 THE DISTRICT EDUCATIONAL OFFICER, (D.E.O.), CHAVAKKAD, THRISSUR - 680 506. 4 THE ASSISTANT EDUCATIONAL OFFICER, (A.E.O.), CHAVAKKAD, THRISSUR - 680 506. 5 THE MANAGER (VACANT), LPST, AMLP SCHOOL, THOZHIYUR, THRISSUR - 680 520. SMT.ANIMA M, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 1423 OF 2022 2
JUDGMENT
The writ petition is filed seeking issuance of direction to the 4th respondent to approve the promotion of the petitioner as Headmistress from 01.04.2021 and also to grant all consequential benefits. Sri. Balagangadharan, the learned counsel appearing for the petitioner, submitted that the mere absence of a duly approved Manager is not a reason to deny the legitimate promotion to which the petitioner is entitled. The learned counsel submits that, stating her grievances, the petitioner has preferred Ext.P8 before the 2nd respondent and requests that direction be issued to the 2nd respondent to consider the same and take a decision.
2. Heard the learned Government Pleader who submits that if the
request is for consideration of Ext.P8, notwithstanding the fact that there is no approved Manager, a decision can be taken on Ext.P8 on the basis of the finally approved seniority list, which came into effect on 15.03.2022.
3. After having carefully evaluated the contentions raised in this
writ petition, the submissions made across the Bar, and the facts and circumstances, I am of the view that this writ petition can be disposed of at the admission stage itself by issuing the following directions: a) There will be a direction to the 2nd respondent to take up, consider and pass appropriate orders on Ext.P8, in terms of the approved seniority list which WP(C) NO. 1423 OF 2022 3 came into effect on 15.03.2022, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorized representative and the 5th respondent. b) Orders, as directed above, shall be passed expeditiously, in any event, within three months from the date of production of a copy of this
judgment.
c) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action. This writ petition is disposed of. Sd/- RAJA VIJAYARAGHAVAN V JUDGE ams WP(C) NO. 1423 OF 2022 4 APPENDIX OF WP(C) 1423/2022 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE APPOINTMENT ORDER DATED 05.06.2002 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
Exhibit P2 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE Exhibit P3 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE Exhibit P4 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE
KPSC VOUCHING QUALIFICATION DTD. 03.09.2020. Exhibit P5 A TRUE COPY OF THE STAFF LIST OF THE 5TH RESPONDENT SCHOOL FOR THE YEAR 2020-2021. Exhibit P6 A TRUE COPY OF THE DEATH CERTIFICATE OF THE MANAGER DATED 22.10.2021 ISSUED BY THE KOZHIKODE CORPORATION. Exhibit P7 A TRUE COPY OF THE LETTER DATED 29.11.2021 ISSUED BY 4TH RESPONDENT TO THE PETITIONER ALONG WITH TRANSLATION. Exhibit P8 A TRUE COPY OF THE REPRESENTATION OF THE PETITIONER TO THE 2ND RESPONDENT DATED 15.11.2021. RESPONDENTS EXHIBITS : NIL