Vanaja Daniel v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 1ST DAY OF SEPTEMBER 2015/10TH BHADRA, 1937 WP(C).No. 10010 of 2015 (A) ---------------------------- PETITIONER:

------------------ VANAJA DANIEL, AGED 40 YEARS W/O. BIJI P., MANGATTETHU HOUSE, CHERUVALLOOR KOLLAKADAVU P.O.

ALAPPUZHA-690 509. (UPPER PRIMARY SCHOOL ASSISTANT BUKKANA INSTITUTION FOR GIRLS HIGH SCHOOL (BIGHS) PALLAM).

BY ADV. SRI.S.SUBHASH CHAND RESPONDENTS:

----------------------

1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. THE DIRECTOR OF PUBLIC INSTRUCTION OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM-695 001.

3. THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION KOTTAYAM-686 001.

4. THE DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER KOTTAYAM-686 001.

5. THE CORPORATE MANAGER CMS SCHOOLS, CSI DIOCESE OF MADHYA KERALA BISHOP GILL MEMORIAL BUILDING, CATHEDRAL ROAD KOTTAYAM-686 001.

BY GOVERNMENT PLEADER SMT. M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 10010 of 2015 (A) APPENDIX PETITIONER'S EXHIBITS:- EXT. P1 :

COPY OF THE REGULAR APPOINTMENT ORDER DATED 14.6.2007 ISSUED BY RESPONDENT NO.5 AND APPROVED BY RESPONDENT NO.4.

EXT. P2 :

COPY OF THE OBJECTION DATED 15.6.2013 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.2 EXT. P3 :

COPY OF THE JUDGMENT DATED 12.9.2013 PASSED BY THIS HON'BLE COURT IN WPC NO.18406/2013.

EXT. P4 :

COPY OF THE ORDER DATED 5.12.2013 PASSED BY RESPONDENT NO.2 FINALLY APPROVING THE SENIORITY LIST PREPARED BY RESPONDENT NO.5 AS ON 1.1.2011.

EXT. P5 :

COPY OF THE ORDER DATED 4.3.2014 PASSED BY RESPONDENT NO.2.

EXT. P6 :

COPY OF THE JUDGMENT DATED 9.4.2014 PASSED BY THIS HON'BLE COURT IN WPC NO.10075 OF 2014.

EXT. P7 :

COPY OF THE APPLICATION DATED 10.2.2015 SUBMITTED BY THE PETITIONER BEFORE THE PUBLIC INFORMATION OFFICER UNDER THE RIGHT TO INFORMATION ACT, 2005.

EXT. P7(A) :

COPY OF THE COMMUNICATION DATED 24.2.2015 RECEIVED BY THE PETITIONER.

EXT. P7(B) :

COPY OF THE COVERING LETTER DATED 4.3.2015.

EXT. P7(C) :

COPY OF THE CHALAN DATED 4.3.2015.

EXT.P8 :

COPY OF THE ORDER BEARING GO(RT) NO.568/2015/G.EDN. DATED 07.02.2015.

EXT.P9 :

COPY OF THE ORDER BEARING NO.83/2015 DATED 18.05.2015 GRANTING APPOINTMENTS/PROMOTIONS AND TRANSFERS. EXT.P10 :

COPY OF THE STATUTORY REVISION PETITION UNDER RULE 92 CHAPTER XIVA KER SUBMITTED BEFORE RESPONDENT NO.1.

EXT.P11 :

COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONER FROM RESPONDENT NO.1.

RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE

K. VINOD CHANDRAN, J.

--------------------------------------- W.P(C). No.10010 of 2015 --------------------------------------- Dated this the 1st day of September, 2015.

JUDGMENT

The petitioner is aggrieved with Ext.P9 order, which has been challenged in a revision before the Government by Ext.P10 revision. The petitioner contends that the seniority issue was agitated before this Court earlier and settled by Ext.P6 judgment. Pursuant to which, favourable orders were issued by the Government as per Ext.P8. However, again by Ext.P9, the Manager interfered with the directions in Ext.P8, which has now necessitated a revision, which is produced at Ext.P10. Considering the confined prayer made for expeditious disposal of Ext.P10, it is directed that the first respondent would consider Ext.P10 revision in a time bound manner, expeditiously within a period of four months from the date of receipt of a certified copy of this judgment. It is made clear that the Manager and any other

W.P(C). No.10010 of 2015 affected Teacher in the Corporate Management shall also be heard before Ext.P10 is disposed of.

The writ petition is disposed of.

Sd/- K. VINOD CHANDRAN, JUDGE sp