2025:KER:31235 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 WP(C) NO. 15033 OF 2025 PETITIONER: AJITHA K.K AGED 48 YEARS, W/O NISHAD, H.S.A (MALAYALAM), MOUNT CARMEL HIGHER SECONDARY SCHOOL, KANJIKUZHI, MUTTAMBALAM P.O., KOTTAYAM DISTRICT, PIN – 686004. BY ADVS. GEORGE ABRAHAM MARY CATHERINE PRIYANKA P.S. ALEX TOM JOSEPH RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. W.P.(C)No.15033 of 2025 :2: 2025:KER:31235 2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN – 695014. 3 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM, PIN – 686002. 4 THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM DISTRICT, PIN – 686001. 5 CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY OF SCHOOLS, DIOCESE OF VIJAYAPURAM, BISHOP’S HOUSE, P.B. NO. 82, KOTTAYAM DISTRICT, PIN – 686001. BY ADV.SMT. ANIMA M., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.15033 of 2025 :3: 2025:KER:31235 J U D G M E N T Dated this the 10th day of April, 2025 The petitioner was initially appointed as H.S.A (Malayalam) in a leave vacancy on 13.06.2008 at Little Flower High School, Munnar under the Management of the 5th respondent. Later, she was offered various other spells of appointments which were all approved on daily wage basis. Still later, a permanent vacancy arose on 04.06.2012 at St.Paul’s High School, Vettimugal, Ettumanoor in Kottayam District. The petitioner continued under the Management from the said date onwards and offered another appointment order on 06.09.2012 at Mount Carmel Higher Secondary School, Kanjikuzhi in Kottayam District. 2. The petitioner states that Smt. Shiji Antony (now deceased) was offered daily wage appointment from W.P.(C)No.15033 of 2025 :4: 2025:KER:31235 16.06.2011 to 31.03.2012. Thereafter, she was offered another appointment under the Corporate Management at St. Joseph’s Girls High School, Kottayam with effect from 12.06.2012. Her permanent appointment was made much after the petitioner joined service. The Director of General Education earlier issued an order granting seniority in favour of Smt. Shiji Antony which was set aside by the Government as per Ext.P5. 3. Finally, the matter was remitted to the Director of General Education who in turn issued Ext.P6 order. The Director of General Education without considering the merits of the matter, directed the District Educational Officer to pass consequential order. Accordingly, the District Educational Officer passed Exts.P7 and P8 orders which were impugned by filing Ext.P9 revision petition. 4. The petitioner further submitted that Smt. Shiji Antony while working in the School, died on 08.07.2019. W.P.(C)No.15033 of 2025 :5: 2025:KER:31235 Therefore, she was not made a party in the writ petition. At the same time, in the revision petition, the address of her legal heir was made. The petitioner seeks appropriate directions to be issued to the 1st respondent to consider Ext.P9 revision. 5. I have heard the learned Counsel for the petitioner and the learned Government Pleader representing respondents 1 to 4. Notice to the 5th respondent is dispensed with in view of the nature of the relief to be granted in this writ petition. 6. The petitioner would submit that Ext.P6 order of the Director of General Education and the consequential orders at Exts.P7 and P8 cannot stand the scrutiny of law. 7. Be that as it may, the petitioner has preferred Ext.P9 revision petition before the 1st respondent aggrieved by the impugned orders. In the facts of the case, it would be only appropriate that the 1st respondent considers Ext.P9 revision W.P.(C)No.15033 of 2025 :6: 2025:KER:31235 petition, as well as the stay petition attached thereto, within a reasonable time. The writ petition is accordingly disposed of directing the 1st respondent to consider Ext.P9 revision petition and pass appropriate orders thereon within a period of four months after giving notice to the petitioner and other affected parties. Till a decision is taken on Ext.P9, recovery pursuant to Ext.P8 shall stand deferred. Sd/- N. NAGARESH JUDGE ams W.P.(C)No.15033 of 2025 :7: 2025:KER:31235 APPENDIX OF WP(C) 15033/2025 PETITIONER EXHIBITS Exhibit P1 A COPY OF THE APPOINTMENT ORDER DATED 6/9/2012 ISSUED BY THE CORPORATE MANAGER Exhibit P2 A COPY OF THE ORDER NO.E.T2/ 64832/2017 DATED 7/10/2017 ISSUED BY THE DIRECTOR OF GENERAL EDUCATION Exhibit P3 A COPY OF THE REVISION SUBMITTED BY THE PETITIONER DATED4/5/2019 AS AGAINST EXT.P2 ORDER AND THE CONSEQUENTIAL ORDERS Exhibit P4 A COPY OF THE JUDGMENT IN W.P.(C) NO. 13882/2019 DATED 21/5/2019 Exhibit P5 A COPY OF THE G.O(RT) NO. 2560/2022/G.EDN DATED 21/4/2022 Exhibit P6 A COPY OF THE ORDER NO. E.T2/13361/2022/D.G.E DATED 21/4/2024 ISSUED BY THE DIRECTOR OF GENERAL EDUCATION Exhibit P7 A COPY OF THE ORDER NO. DEOKTM/233/2024 DATED 09/12/2024 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM Exhibit P8 A COPY OF THE COMMUNICATION NO.DEOKTM/ 233/2024/B4 DATED 13/3/2025 Exhibit P9 A COPY OF THE REVISION SUBMITTED BY THE PETITIONER DATED 5/4/2025 BEFORE THE 1ST RESPONDENT