Smitha M M vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 06, 2022

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Citation: sooperkanoon.com/1547084
Court: Kerala High Court
Judge: Honourable Mr. Justice Raja Vijayaraghavan V
Decided On: Oct 06, 2022
Case Number: WP(C)/31439/2022

Parties & Advocates

Appellant / Petitioner

Smitha M M

Respondent

State of Kerala

Excerpt

.....pleader.4. in view of the nature of the order i propose to issue, notice to the 5th respondent is dispensed with.5. after having carefully evaluated the contentions raised in this writ petition, the submissions made across the bar, and the facts and w.p. (c) no.31439 of 2022 3 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 1st respondent to take up, consider and pass appropriate orders on ext.p7 in the light of the law laid down in rejimol v. aeo [2004 (2) klt 899], 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 sru w.p. (c) no.31439 of 2022 4 appendix of wp(c) 31439/2022 petitioner’s exhibits exhibit p1 a true copy of the appointment order of the petitioner as assistant teacher dated 17.06.2015. exhibit p2 a true copy of the appointment order of the petitioner as upsa dated 01.06.2016. exhibit p3 true copy of the order no k.dis. b5/3331/17 dated 30.01.2018 issued by the 3rd respondent. exhibit p4 a true copy of the go(p) no. 587/ 2018/g.edn. issued by the 1st respondent dated 06.02.2018. exhibit p5 a true copy of the order no. g3/1301/2019/dge/k.dis dated 20.09.2021 issued by the 2nd respondent dated 20.09.2021. exhibit p6 a true copy of the staff fixation order no. d.dis d/3970/2017.dis issued by the 4th respondent for the year 2016-17 dated 04.12.2017. exhibit p7 a true copy of the revision filed by the petitioner challenging the order of the 2nd.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 WP(C) NO. 31439 OF 2022 PETITIONER/S: SMITHA M M AGED 40 YEARS W/O.SASIDHARAN UPST, MUCHUKUNNU NORTH UP SCHOOL, MUCHUKUNNU, KOZHIKODE. RESIDING AT CHERIYAKOONAMVALLY, MUCHUKUNNU P.O, KOZHIKODE DISTRICT - 673307. BY ADV R.K.MURALEEDHARAN RESPONDENT/S:
1 STATE OF KERALA REP. BY SECRETARY TO GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695001. 2 DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION, JAGATHI, THIRUVANANTHAPURAM - 695014. 3 THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER VATAKARA, KOZHIKODE DISTRICT - 673104. 4 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, MELADY, KOZHIKODE DISTRICT - 673522. 5 THE MANAGER, MUCHUKUNNU NORTH UP SCHOOL MUCHUKUNNU P.O, KOZHIKODE DISTRICT - 673307.
SMT.NISHA BOSE, SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P. (C) No.31439 of 2022 2

JUDGMENT

The above writ petition is filed seeking to quash Ext.P5 order issued by the 2nd respondent and for issuance of directions to the 4th respondent to approve the appointment of the petitioner as UPST with effect from 17.6.2015 to 20.3.2016 on daily wages and as regular teacher on scale of pay with effect from 1.6.2016 and for incidental reliefs.

2. Smt.Athira A. Menon, the learned counsel appearing for the

petitioner, submitted that the petitioner has preferred Ext.P7 revision petition before the 1st respondent. The learned counsel submits that the petitioner would be satisfied if necessary directions are issued to the 1st respondent to consider Ext.P7 revision petition in the light of the law laid down in Rejimol v. AEO [2004 (2) KLT 899].

3. I have heard Smt.Nisha Bose, the learned Senior Government Pleader.

4. In view of the nature of the order I propose to issue, notice to the 5th respondent is dispensed with.

5. After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar, and the facts and W.P. (C) No.31439 of 2022 3 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 1st respondent to take up, consider and pass appropriate orders on Ext.P7 in the light of the law laid down in Rejimol v. AEO [2004 (2) KLT 899], 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 Sru W.P. (C) No.31439 of 2022 4 APPENDIX OF WP(C) 31439/2022 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER AS ASSISTANT TEACHER DATED 17.06.2015. Exhibit P2 A TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER AS UPSA DATED 01.06.2016. Exhibit P3 TRUE COPY OF THE ORDER NO K.DIS. B5/3331/17 DATED 30.01.2018 ISSUED BY THE 3RD RESPONDENT. Exhibit P4 A TRUE COPY OF THE GO(P) NO. 587/ 2018/G.EDN. ISSUED BY THE 1ST RESPONDENT DATED 06.02.2018. Exhibit P5 A TRUE COPY OF THE ORDER NO. G3/1301/2019/DGE/K.DIS DATED 20.09.2021 ISSUED BY THE 2ND RESPONDENT DATED 20.09.2021. Exhibit P6 A TRUE COPY OF THE STAFF FIXATION ORDER NO. D.DIS D/3970/2017.DIS ISSUED BY THE 4TH RESPONDENT FOR THE YEAR 2016-17 DATED 04.12.2017. Exhibit P7 A TRUE COPY OF THE REVISION FILED BY THE PETITIONER CHALLENGING THE ORDER OF THE 2ND RESPONDENT DATED NIL. Exhibit P8 A TRUE COPY OF THE TRACK CONSIGNMENT RECEIVED FROM THE POSTAL DEPARTMENT. Exhibit P9 TRUE COPY OF THE REMINDER SEND BY THE PETITIONER TO THE 1ST RESPONDENT DATED 12.09.2022. RESPONDENTS EXHIBITS : NIL

Same Court & Year Kerala · 2022 Same Parties Smitha M M vs State of Kerala Same Judge Honourable Mr. Justice Raja Vijayaraghavan V

Education Department Government pleader high court True copy take up H Res in re