Kerala High Court

WP(C)/30905/2021 of BHAVYA PANOLI KUNNIYIL, Vs THE STATE OF KERALA on 31 December 2021

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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. 30905 OF 2021 PETITIONER: BHAVYA PANOLI KUNNIYIL, AGED 32 YEARS, L.P SCHOOL TEACHER, EDACHERI NORTH UP SCHOOL, EDACHERI NORTH (P. O), CHOMBALA

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

FRIDAY, THE 31[ST] DAY OF DECEMBER 2021 / 10TH POUSHA, 1943

WP(C) NO. 30905 OF 2021

PETITIONER:

BHAVYA PANOLI KUNNIYIL, AGED 32 YEARS,L.P SCHOOL TEACHER,EDACHERI NORTH UP SCHOOL,EDACHERI NORTH (P. O),CHOMBALA SUB DISTRICT,VADAKARA EDUCATIONAL DISTRICT,KOZHIKODE DISTRICT.

BY ADV SRI. DINESH KUMAR K.

RESPONDENTS:

1THE STATE OF KERALAREPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT,SECRETARIAT ANNEXE – II,REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT,SECRETARIAT ANNEXE – II, THRIUVANANTHAPURAM – 695 001.

2THE DIRECTOR GENERAL OF EDUCATION,JAGATHY,JAGATHY, THIRUVANANTHAPURAM – 695 014.

3THE DEPUTY DIRECTOR OF EDUCATION,KOZHIKODE – 673 001.KOZHIKODE – 673 001.

4THE DISTRICT EDUCATIONAL OFFICER,VADAKARA – 673 101.VADAKARA – 673 101.

5THE ASSISTANT EDUCATIONAL OFFICER,CHOMBALA – 673 308.CHOMBALA – 673 308.

KOZHIKODE DISTRICT.

6MANAGER, EDACHERI NORTH UP SCHOOL,EDACHERI (P.O) – 673 502,KOZHIKODE DISTRICT.EDACHERI (P.O) – 673 502,KOZHIKODE DISTRICT.

SRI. P. S APPU – GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSIONON 31.12.2021, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING:

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JUDGMENT

The petitioner was appointed as U.P School Teacher on regular basis with effect from 12.06.2018 by Ext.P1.However, the appointment was rejected by the 5[th]respondent. Later the Manager appointed the petitioneras LPST with effect from 06.06.2019. However, the saidappointment was also not approved and the 5[th]respondent rejected the proposal for approval ofappointment by Ext.P3. Challenging Ext.P3 order, theManager preferred an appeal before the 4[th] respondent.The same was rejected by Ext.P5. The Managerpreferred a revision petition before the 2[nd] respondentagainst Ext.P5 order passed by the 4th respondent. Thesame was rejected by the 2nd respondent by Ext.P6.Challenging Exts.P5 and P6 orders the petitioner haspreferred Ext.P7 revision petition before the 1[st]respondent on 15.12.2021 under Rule 92 of Chapter XIV

A of KER. The prayer of the petitioner is for a direction to the 1[st] respondent to dispose of Ext.P7 revisionpetition within a time frame.

2. Heard the learned counsel for the petitioner and the learned Government Pleader for therespondents. In the nature of the direction I propose toissue, notice to the 6[th] respondent is dispensed with.

3. There will be a direction to the 1[st] respondentto consider Ext.P7 revision petition with notice to thepetitioner and the Manager, within a period of fourmonths from the date of receipt of a copy of thisjudgment. The parties shall be heard either physical orthrough virtual mode.

The writ petition is disposed of with the abovedirection.

SPR

Sd/-

MURALI PURUSHOTHAMAN JUDGE

APPENDIX

'-PETITIONERS EXHIBITS:

EXHIBIT P1

TRUE COPY OF THE APPOINTMENT ORDER

DATED 12.06.2018 AS LPST.EXHIBIT P2TRUE COPY OF THE ORDER NO.B/439/2012 DATED 06.06.2019 OF THE A.E.O, CHOMBALA.NO.B/439/2012 DATED 06.06.2019 OF THE A.E.O, CHOMBALA.EXHIBIT P3TRUE COPY OF THE ORDER NO.K.DIS.D/6208/2019 DATED 18.10.2019 OF THE AEO, CHOMBALA.NO.K.DIS.D/6208/2019 DATED 18.10.2019 OF THE AEO, CHOMBALA.EXHIBIT P4TRUE COPY OF THE ORDER NO.K.DIS.D/5360/2020 DATED 17.06.2020 OF THE A.E.O, CHOMBALA.NO.K.DIS.D/5360/2020 DATED 17.06.2020 OF THE A.E.O, CHOMBALA.EXHIBIT P5TRUE COPY OF THE ORDER NO.B5/190571/2019 DATED 22.09.2020 OF THE DEO, VADAKARA.NO.B5/190571/2019 DATED 22.09.2020 OF THE DEO, VADAKARA.EXHIBIT P6TRUE COPY OF THE ORDER NO.G2/234124/2021 DATED 15.12.2021 OF THE DPI.NO.G2/234124/2021 DATED 15.12.2021 OF THE DPI.EXHIBIT P7TRUE COPY OF THE REVISION PETITION DATED 15.12.2021 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.DATED 15.12.2021 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

RESPONDENTS'S EXHIBITS: NIL.

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