Ushadevi vs State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1369812
CourtKerala High Court
Decided OnJun-30-2023
Case NumberWP(C)/20635/2023
JudgeHonourable Mr.Justice Viju Abraham
AppellantUshadevi
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr.justice viju abraham friday, the 30th day of june 2023 / 9th ashadha, 1945 wp(c) no. 20635 of 2023 petitioner: ushadevi, w/o late v. mohanan aged 64 years,manager, eravannur a.u.p. school, narikkuni p.o., kozhikode:, pin - 673585 by advs. jiji thomas smitha mathew respondents: 1 state of kerala represented by the secretary, general education department, secretariat, thiruvananthapuram, pin - 695001 2 director of general education directorate of general education jagathy, thiruvananthapuram, pin - 6950143 district educational officer, thamarassery, kozhikode,, pin - 673574 4 assistant educational officer koduvally , kozhikode,, pin - 673572 5 fasna.k, upst, eravannur a.u.p. school, narikkuni p.o., kozhikode,, pin - 673585 6 ramisha k p.,upsa a.u.p school eravannur narikkuni p.o, kozhikode,, pin - 673585 7 ramya. s,shivageetham, perumpoyil kakkoor kozhikode,, pin - 673585 wp(c) no.20635 of 2023 28 head master. eravannur a.u.p. school, narikkuni p.o., kozhikode:, pin - 673585 r1 to r4 by gp smt.nisha bose this writ petition (civil) having come up for admission on 30.06.2023, the court on the same day delivered the following: wp(c) no.20635 of 2023 3viju abraham, j.w.p.(c) no.20635 of 2023 dated this the 30th day of june, 2023judgmentthe above writ petition is filed by the manager of the school aggrieved by ext.p7 order passed by the 2 nd respondent. petitioner submits that challenging ext.p7 order she has preferred ext.p8 revision petition before the 1st respondent government and seeks for a direction to the 1 st respondent for an expeditious disposal of ext.p8.2. heard the learned government pleader also.after hearing both sides, i am inclined to dispose of the writ petition with a direction to the 1st respondent to consider and pass orders on ext.p8 revision petition after affording an opportunity of being heard to the petitioner as well as respondents 5 to 7. a decision in this regard shall be taken within a period of four months from the date of receipt of a copy of thisjudgment.writ petition is disposed of as above. sd/- viju abraham judge cks wp(c) no.20635 of 2023 4 appendix of wp(c) 20635/2023 petitioner exhibits exhibit p 1 a copy of the appointment order dated 15-07-2019 exhibit p2 a copy of the complaint details against the 7th respondent is pending before the cyber cell dated 13/9/2021 exhibit p3 a copy of the representation submitted by the 7th respondent before the aeo dated 28/07/2021exhibit p4 a copy of the reinstatement orderno.b/1399/2021 of aeo dated 16/11/2021 exhibit p5 a rejection order no.b2/6497/2021 of deo dated 05/02/2022 exhibit p6 a copy of the investigating report no. 35/ccps/ptn/21/dr of the cyber cell issued to the 3rd respondent datedexhibit p7 a copy of the rejection orderno.g3/10702/2022/dge/kds of 2nd respondent dge dated 13-12-2022 exhibit p8 a copy of the revision petition filed by the petitioner before the secretary of government dated 22/12/2022.(without annexure)
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 30TH DAY OF JUNE 2023 / 9TH ASHADHA, 1945 WP(C) NO. 20635 OF 2023 PETITIONER: USHADEVI, W/O LATE V. MOHANAN AGED 64 YEARS,MANAGER, ERAVANNUR A.U.P. SCHOOL, NARIKKUNI P.O., KOZHIKODE:, PIN - 673585 BY ADVS. JIJI THOMAS SMITHA MATHEW RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM, PIN - 695014

3 DISTRICT EDUCATIONAL OFFICER, THAMARASSERY, KOZHIKODE,, PIN - 673574 4 ASSISTANT EDUCATIONAL OFFICER KODUVALLY , KOZHIKODE,, PIN - 673572 5 FASNA.K, UPST, ERAVANNUR A.U.P. SCHOOL, NARIKKUNI P.O., KOZHIKODE,, PIN - 673585 6 RAMISHA K P.,UPSA A.U.P SCHOOL ERAVANNUR NARIKKUNI P.O, KOZHIKODE,, PIN - 673585 7 RAMYA. S,SHIVAGEETHAM, PERUMPOYIL KAKKOOR KOZHIKODE,, PIN - 673585 WP(C) No.20635 of 2023 2

8 HEAD MASTER. ERAVANNUR A.U.P. SCHOOL, NARIKKUNI P.O., KOZHIKODE:, PIN - 673585 R1 TO R4 BY GP SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.20635 of 2023 3

VIJU ABRAHAM, J.

W.P.(C) No.20635 of 2023 Dated this the 30th day of June, 2023

JUDGMENT

The above writ petition is filed by the Manager of the school aggrieved by Ext.P7 order passed by the 2 nd respondent. Petitioner submits that challenging Ext.P7 order she has preferred Ext.P8 revision petition before the 1st respondent Government and seeks for a direction to the 1 st respondent for an expeditious disposal of Ext.P8.

2. Heard the learned Government Pleader also.

After hearing both sides, I am inclined to dispose of the writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P8 revision petition after affording an opportunity of being heard to the petitioner as well as respondents 5 to 7. A decision in this regard shall be taken within a period of four months from the date of receipt of a copy of this

judgment.

Writ petition is disposed of as above. Sd/- VIJU ABRAHAM JUDGE cks WP(C) No.20635 of 2023 4 APPENDIX OF WP(C) 20635/2023 PETITIONER EXHIBITS Exhibit P 1 A COPY OF THE APPOINTMENT ORDER DATED 15-07-2019 Exhibit P2 A COPY OF THE COMPLAINT DETAILS AGAINST THE 7TH RESPONDENT IS PENDING BEFORE THE CYBER CELL DATED 13/9/2021 Exhibit P3 A COPY OF THE REPRESENTATION SUBMITTED BY THE 7TH RESPONDENT BEFORE THE AEO DATED 28/07/2021

Exhibit P4 A COPY OF THE REINSTATEMENT ORDER

NO.B/1399/2021 OF AEO DATED 16/11/2021 Exhibit P5 A REJECTION ORDER NO.B2/6497/2021 OF DEO DATED 05/02/2022 Exhibit P6 A COPY OF THE INVESTIGATING REPORT NO. 35/CCPS/PTN/21/DR OF THE CYBER CELL ISSUED TO THE 3RD RESPONDENT DATED

Exhibit P7 A COPY OF THE REJECTION ORDER

NO.G3/10702/2022/DGE/KDS OF 2ND RESPONDENT DGE DATED 13-12-2022 Exhibit P8 A COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE SECRETARY OF GOVERNMENT DATED 22/12/2022.(WITHOUT ANNEXURE)