Extracted from the PDF above. The PDF is authoritative.
2025:KER:30196 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 14194 OF 2025 PETITIONER:
SUSAN PAPPAN AGED 46 YEARS W/O.SABU, H.S.T. (HINDI), CMS H.S., MUNDAKKAYAM, MUNDAKKAYAM P.O., KOTTAYAM – 686 513, RESIDING AT MADATHIL VEEDU, CHANDANAKAVU, THINGALKARIKOM P.O., KULATHUPUZHA, KOLLAM, PIN - 691310 BY ADVS. B.MOHANLAL P.S.PREETHA ASWIN V. NAIR KARTHIK J SEKHAR ABIJITH M.
AVANI NAIR JAYAPRABHA ARJUN PRAVEENA T. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR OF GENERAL EDUCATION GOVERNMENT OF KERALA, JAGATHY P.O.,
2025:KER:30196 WP(C) NO.14194 of 2025 2 THIRUVANANTHAPURAM, PIN - 695014 3 THE DEPUTY DIRECTOR OF EDUCATION PALACE ROAD, MOOLAVATTOM, KOTTAYAM, PIN - 686001 4 THE DISTRICT EDUCATIONAL OFFICER KANJIRAPPALLY P.O., KOTTAYAM, PIN - 686507 5 THE CORPORATE MANAGER C.M.S. SCHOOLS, DIOCESE OF MADHYA KERALA, CHURCH OF SOUTH INDIA, CATHEDRAL ROAD, KOTTAYAM, PIN - 686001 SRI. V. VENUGOPAL,GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:30196 WP(C) NO.14194 of 2025 3
JUDGMENT Dated this the 7th day of April, 2025 The petitioner got appointment to the post of LGFT (Hindi) under the 5th respondent-Corporate Educational Agency. The appointment of the petitioner was approved by the District Educational Officer, Thiruvalla.
2. The petitioner is entitled to get promotion as per Chapter XIVA Rule 43 of KER. The 5th respondent as per Ext.P2 promoted the petitioner to the post of HST (Hindi) with effect from 01.09.2021. The 5th respondent forwarded the proposal for appointment of the petitioner to the 4th respondent. The 4th rejected the proposal as per Ext.P3 order. Against Ext.P3 order, the 5th respondent-Manager filed Appeal before the 3rd respondent. The Appeal was rejected by the 3rd respondent as per Ext.P4 order. Against Ext.P4 order, the 5th
2025:KER:30196 WP(C) NO.14194 of 2025 4 respondent filed Appeal before the 2nd respondent, which also stands rejected as per Ext.P5 order.
3. As the petitioner passed K-TET III as per Ext.P8, the essential qualification as per Exts.P6 and P7 Government Orders, she is eligible to get promotion as per Chapter XIVA Rule 43 of KER. The petitioner is therefore is entitled to get promotion in the post of HST (Hindi) in CMS HS, Mundakayam with effect from 01.09.2021.
4. Pointing out these aspects, the 5th respondent submitted Ext.P9 statutory Revision under Chapter XIVA Rule 92 of KER before the 1st respondent, which is pending for
consideration, contends the petitioner.
5. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 4.
6. The contention of the petitioner is that the respondents should have considered the fact that the
2025:KER:30196 WP(C) NO.14194 of 2025 5 petitioner has passed K-TET III as per Ext.P8, the essential qualification as per Exts.P6 and P7 Government Orders. The petitioner is therefore eligible to get promotion under Chapter XIVA of Rule 43 of KER.
7. Be that as it may, the petitioner has preferred Ext.P9 Revision in this regard before the 1st respondent. Therefore, it would be only just and proper that the 1st respondent considers the same and passes appropriate orders thereon within a reasonable time, after giving an opportunity of hearing to the petitioner and the Manager. The writ petition is therefore disposed of directing the 1st respondent to consider Ext.P9 Revision and pass appropriate orders thereon, within a period of four months, after giving an opportunity of hearing to the petitioner and the Manager. Sd/- N.NAGARESH JUDGE hmh
2025:KER:30196 WP(C) NO.14194 of 2025 6 APPENDIX OF WP(C) 14194/2025 PETITIONER’S EXHIBITS Exhibit P1 THE TRUE COPY OF THE APPOINTMENT ORDER DATED 17/09/2018 ISSUED BY THE 5TH RESPONDENT AND THE APPROVAL ORDER NO:B6/7838/18/D.DIS. DATED 27/02/2020 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA Exhibit P2 THE TRUE COPY OF THE ORDER NO:53/2021 DATED 03/08/2021 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER Exhibit P3 THE TRUE COPY OF THE ORDER NO:B5/29965/2021
DATED
23/09/2021 ISSUED BY THE 4TH RESPONDENT Exhibit P4 THE TRUE COPY OF THE ORDER NO:B4/215684/2021 DATED 13/01/2022 ISSUED BY THE 3RD RESPONDENT Exhibit P5 THE TRUE COPY OF THE ORDER NO:ET3/237962/2022 DATED 22/07/2023 ISSUED BY THE 2ND RESPONDENT Exhibit P6 THE
TRUE
COPY
OF G.O.(MS)NO:15/2021/G.EDN.
DATED 17/02/2023 Exhibit P7 THE
TRUE
COPY
OF G.O(MS)NO.109/2022/G.EDN.,
DATED 24/6/2022 Exhibit P8 THE TRUE COPY OF THE ELIGIBILITY CERTIFICATE OF K-TET-III EXAMINATION IN ROLL NO:323582 DATED 02/05/2024 CONDUCTED BY THE SECRETARY, BOARD OF
2025:KER:30196 WP(C) NO.14194 of 2025 7 EXAMINATIONS (K-TET) Exhibit P9 THE TRUE COPY OF THE MEMORANDUM OF REVISION NO:121/2024 DATED 11/05/2024 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT