Kerala High Court
WP(C)/30868/2021 of ELIAMMA V.C Vs STATE OF KERALA on 31 December 2021
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 31ST DAY OF DECEMBER 2021 / 10TH POUSHA, 1943 WP(C) NO. 30868 OF 2021 PETITIONER: ELIAMMA V.C LOWER PRIMARY SCHOOL TEACHER (RETIRED), AMLPS, IRINGATTIRI, MALAPPURAM DISTICT-676 523, RESIDING AT
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMANFRIDAY, THE 31[ST] DAY OF DECEMBER 2021 / 10TH POUSHA, 1943WP(C) NO. 30868 OF 2021
PETITIONER:
ELIAMMA V.C
LOWER PRIMARY SCHOOL TEACHER (RETIRED), AMLPS, IRINGATTIRI, MALAPPURAM DISTICT-676 523, RESIDING AT PARAPPALIL HOUSE, IRINGATTIRI P.O.,MALAPPURAM DISTRICT-676 523.
BY ADVS.K.JAJU BABU (SR.)BRIJESH MOHAN
RESPONDENTS:
1STATE OF KERALAREPRESENTED BY SECRETARY TO GOVERNMENT, THIRUVANANTHAPURAM-695 001.
GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, 2THE DISTRICT EDUCATIONAL OFFICERWANDOOR, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, MANJERI-WANDOOR ROAD, MALAPPURAM DISTRICT-679 328.
3THE ASSISTANT EDUCATIONAL OFFICERWANDOOR, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, THRIKKALANGODU THIRUVALI WANDOOR KALIKAVU ROAD, WANDOOR, MALAPPURAM DISTICT-679 328
WANDOOR, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, 4THE MANAGER, AMLPS, IRINGATTIRI, MALAPPURAM DISTRICT-676 523.
5K.JAYALAKSHMI, LOWER PRIMARY SCHOOL TEACHER (PROMOTED AS HEADMISTRESS-NOT APPROVED), AMLPS, IRINGATTIRI, MALAPPURAM-676 523.
BY ADV.
SRI.JIMMY GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON31.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner was promoted as Headmistress in AMLPS,Iringattiri, Malappuram District, an aided school on 05.06.2006.However the petitioner later relinquished the promotion. Thereafterthe petitioner’s husband was appointed as Headmaster. Later, thepetitioner’s husband was placed under suspension and he retired fromservice while under suspension on 31.03.2021. The petitioner beingthe senior most teacher eligible to be appointed as Headmistress of theschool made claim to the said post. However, according to thepetitioner, overlooking the claim of the petitioner, the 5[th] respondentwas promoted as Headmistress in the school. The petitioner preferredExt.P7 representation before the 1[st] respondent challenging the actionof the Management in appointing the 5[th] respondent as theHeadmistress of the school overlooking the seniority of the petitioner.In Ext.P7, the petitioner has challenged the action of the respondents 2and 3, the Educational Authorities who refused to consider thecomplaint of the petitioner stating that the petitioner has to approachthe Management, the Appointing Authority for the redressal of the WP(C) NO. 30868 OF 2021
grievances. The petitioner has already retired from service on30.04.2021. The prayer of the petitioner in this Writ Petition is forconsideration of Ext.P7 by the 1[st] respondent at the earliest.
2. learned Government Pleader.
Heard the learned counsel for the petitioner and the
3. notice to respondents 4 and 5 is not necessary.
In the nature of the reliefs which I proposed to pass, In the facts and circumstances of the case there will be a direction to the 1[st] respondent to consider Ext.P7 with notice to thepetitioner and the respondents 4 and 5. The 1[st] respondent shallconsider Ext.P7 after hearing the parties as aforesaid, either physicallyor through virtual mode within period of three months from date ofreceipt of a copy of this judgment. The order shall be communicatedto the petitioner and respondents 4 and 5.
The Writ Petition is disposed of as above.
Sd/-MURALI PURUSHOTHAMANJUDGE
APPENDIX OF WP(C) 30868/2021
PETITIONER EXHIBITS
Exhibit P1
TRUE COPY OF THE REPRESENTATION DATED 14.4.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT
Exhibit P2
TRUE COPY OF THE REPRESENTATION DATED 24.4.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT
Exhibit P3
TRUE COPY OF THE ORDER VIDE NO
B/1237/2021 DATED 30.6.2021 ISSUED BY THE 3RD RESPONDENT
Exhibit P4
TRUE COPY OF THE APPEAL DATED 2.8.2021
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT
Exhibit P5
Conclusion
TRUE COPY OF THE ORDER VIDE NO
A6/2152/21 DATED 4.12.2021 ISSUED BY
THE 2ND RESPONDENT
Exhibit P6
TRUE COPY OF THE REPRESENTATION DATED 14.7.2021 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT
Exhibit P7
TRUE COPY OF THE REPRESENTATION DATED 13.12.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT
13.12.2021 SUBMITTED BY THE PETITIONER