Ayisha Charadikkal Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1095581
CourtKerala High Court
Decided OnOct-23-2013
JudgeHONOURABLE MR.JUSTICE C.T.RAVIKUMAR
AppellantAyisha Charadikkal
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice c.t.ravikumar wednesday, the23d day of october20131st karthika, 1935 wp(c).no. 25810 of 2013 (a) ---------------------------- petitioner(s): ----------------- ayisha charadikkal w/o.sameermon c. aged31years, high school assistant (english) m.m.e.t high school, p.o. melmuri malappuram. by advs.sri.k.sasikumar sri.ravindran nair (kumarampally) sri.r.rohith respondent(s): -------------------- 1.state of kerala represented by the secretary to government general education department government secretariat thiruvananthapuram-695001 2.the director of public instructions, thiruvananthapuram-695010 3.deputy director of education malappuram-676505 4.district educational officer, malappuram-676505 5.manager, m.m.e.t high school p.o.melmuri, malappuram-676514 r1 to4by government pleader sri.m.a.fayaz this writ petition (civil)having come up for admission on2310-2013, the court on the same day delivered the following: w.p.(c).25810/13 appendix petitioner's exhibits: p1:a true copy of the appointment order dated56.2006 issued by the5h respondent. p2:a true copy of the order no.d.dis./84/776/10(1) dated93.2010 issued by the fourth respondent. p3: a true copy of the order dated133.2007 issued by the4h respondent. p4: a true copy of the order dated217.2007 issued by the3d respondent. p5: a true copy of the order no.em4/7634/07/dpi/kdis dated251.2008 issued by the2d respondent. p6:a true copy of the revision petition dated236.2008 preferred by the5h respondent before the1t respondent against ext.p5 order. p7:a true copy of the g.o.(p).no.317/2005/g.edn. dated178.2005 issued by the first respondent. p8:a true copy of the order go(p)no.10/10/g.edn. dated121.2010. p9:true copy of the order dated2212.2011 issued by the1t respondent. p10:a true copy of the petition dated188.2013 forwarded by the petitioner before the1t respondent. respondents' exhibits:nil //true copy// p.a.to judge c.t. ravikumar, j.========================== w.p.(c). no.25810 of2013========================== dated this the 23rd day of october, 2013 judgment the petitioner was appointed as per ext.p1 as h.s.a (english) under the fifth respondent's school with effect from 5.6.2006. however, the approval to the said appointment was granted only with effect from 1.6.2011. according to the petitioner, her appointment should have been approved with effect from 5.6.2006 in the light of ext.p8 g.o dated 12.1.2010. hence, raising such grievances, the petitioner moved the first respondent through ext.p10 revision petition. essentially it is the non-feasance on ext.p10 that constrained the petitioner to file this writ petition.2. i have heard the learned counsel for the petitioner and the learned government pleader. in view of the order i propose to pass w.p.(c).25810/13. 2 in this writ petition it is unnecessary to issue notice to the fifth respondent in this proceedings. evidently, the petitioner has already taken up her grievances in ext.p10 revision petition and it is still pending before the first respondent. in the said circumstances, without making any observation as to the merits of the contentions raised by the petitioner this writ petition is disposed of with a direction to the first respondent to consider and pass appropriate orders on ext.p10 expeditiously, at any rate, within a period of three months from the date of receipt of a copy of this judgment and in accordance with law. needless to say that while passing orders on ext.p10, the first respondent shall also look into ext.p8 and orders shall be passed with notice to the petitioner and the fifth respondent. sd/- c.t. ravikumar (judge) spc/ w.p.(c).25810/13. 3 c.t. ravikumar, j.judgment w.p.(c).25810/13. 4 september,2010
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE23D DAY OF OCTOBER20131ST KARTHIKA, 1935 WP(C).No. 25810 of 2013 (A) ---------------------------- PETITIONER(S): ----------------- AYISHA CHARADIKKAL W/O.SAMEERMON C. AGED31YEARS, HIGH SCHOOL ASSISTANT (ENGLISH) M.M.E.T HIGH SCHOOL, P.O. MELMURI MALAPPURAM. BY ADVS.SRI.K.SASIKUMAR SRI.RAVINDRAN NAIR (KUMARAMPALLY) SRI.R.ROHITH RESPONDENT(S): -------------------- 1.STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695001 2.THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695010 3.DEPUTY DIRECTOR OF EDUCATION MALAPPURAM-676505 4.DISTRICT EDUCATIONAL OFFICER, MALAPPURAM-676505 5.MANAGER, M.M.E.T HIGH SCHOOL P.O.MELMURI, MALAPPURAM-676514 R1 TO4BY GOVERNMENT PLEADER SRI.M.A.FAYAZ THIS WRIT PETITION (CIVIL)HAVING COME UP FOR ADMISSION ON2310-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).25810/13 APPENDIX PETITIONER'S EXHIBITS: P1:A TRUE COPY OF THE APPOINTMENT ORDER

DATED56.2006 ISSUED BY THE5H RESPONDENT. P2:A TRUE COPY OF THE ORDER

NO.D.DIS./84/776/10(1) DATED93.2010 ISSUED BY THE FOURTH RESPONDENT. P3: A TRUE COPY OF THE ORDER

DATED133.2007 ISSUED BY THE4H RESPONDENT. P4: A TRUE COPY OF THE ORDER

DATED217.2007 ISSUED BY THE3D RESPONDENT. P5: A TRUE COPY OF THE ORDER

NO.EM4/7634/07/DPI/KDIS DATED251.2008 ISSUED BY THE2D RESPONDENT. P6:A TRUE COPY OF THE REVISION PETITION DATED236.2008 PREFERRED BY THE5H RESPONDENT BEFORE THE1T RESPONDENT AGAINST EXT.P5 ORDER

. P7:A TRUE COPY OF THE G.O.(P).NO.317/2005/G.EDN. DATED178.2005 ISSUED BY THE FIRST RESPONDENT. P8:A TRUE COPY OF THE ORDER

GO(P)NO.10/10/G.EDN. DATED121.2010. P9:TRUE COPY OF THE ORDER

DATED2212.2011 ISSUED BY THE1T RESPONDENT. P10:A TRUE COPY OF THE PETITION DATED188.2013 FORWARDED BY THE PETITIONER BEFORE THE1T RESPONDENT. RESPONDENTS' EXHIBITS:NIL //TRUE COPY// P.A.TO JUDGE C.T. RAVIKUMAR, J.

========================== W.P.(C). No.25810 OF2013========================== Dated this the 23rd day of October, 2013 JUDGMENT

The petitioner was appointed as per Ext.P1 as H.S.A (English) under the fifth respondent's school with effect from 5.6.2006. However, the approval to the said appointment was granted only with effect from 1.6.2011. According to the petitioner, her appointment should have been approved with effect from 5.6.2006 in the light of Ext.P8 G.O dated 12.1.2010. Hence, raising such grievances, the petitioner moved the first respondent through Ext.P10 revision petition. Essentially it is the non-feasance on Ext.P10 that constrained the petitioner to file this writ petition.

2. I have heard the learned counsel for the petitioner and the learned Government Pleader. In view of the order I propose to pass W.P.(C).25810/13. 2 in this writ petition it is unnecessary to issue notice to the fifth respondent in this proceedings. Evidently, the petitioner has already taken up her grievances in Ext.P10 revision petition and it is still pending before the first respondent. In the said circumstances, without making any observation as to the merits of the contentions raised by the petitioner this writ petition is disposed of with a direction to the first respondent to consider and pass appropriate orders on Ext.P10 expeditiously, at any rate, within a period of three months from the date of receipt of a copy of this judgment and in accordance with law. Needless to say that while passing orders on Ext.P10, the first respondent shall also look into Ext.P8 and orders shall be passed with notice to the petitioner and the fifth respondent. Sd/- C.T. RAVIKUMAR (JUDGE) spc/ W.P.(C).25810/13. 3 C.T. RAVIKUMAR, J.

JUDGMENT

W.P.(C).25810/13. 4 September,2010