Ebi J Sabu vs The Manager, Corporate ...

Citation : 2022 Latest Caselaw 8633 Ker
Judgement Date : 6 July, 2022

Kerala High Court
Ebi J Sabu vs The Manager, Corporate ... on 6 July, 2022
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

            THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

         WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944

                         WP(C) NO. 21949 OF 2022
PETITIONER/S:

            EBI J SABU
            AGED 28 YEARS
            S/O. M. SABU, LOWER PRIMARY SCHOOL ASSISTANT,
            L.M.L.P.S. MUHAMMA, ALAPPUZHA - 688 525,
            RESIDING AT SJ BHAVAN, OLATHANNI, NEYYATTINKARA-695121.

            BY ADV. VISHNU S CHEMPAZHANTHIYIL

RESPONDENT/S:

     1      THE MANAGER, CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS,
            THIRUVANANTHAPURAM SYNOD (INDIA EVANGELICAL LUTHERAN
            CHURCH), CONCORDIA LUTHERAN HIGHER SECONDARY SCHOOL
            COMPOUND, PEROORKADA, THIRUVANANTHAPURAM -695 005.

     2      THE CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS,
            REPRESENTED BY ITS MANAGER, THIRUVANANTHAPURAM SYNOD
            (INDIA EVANGELICAL LUTHERAN CHURCH), CONCORDIA LUTHERAN
            HIGHER SECONDARY SCHOOL COMPOUND, PEROORKADA,
            THIRUVANANTHAPURAM-695 005

     3      THE DISTRICT EDUCATIONAL OFFICER,
            MEDICAL COLLEGE JUNCTION, ALAPPUZHA - 688 005.

     4      THE DIRECTOR OF GENERAL EDUCATION,
            JAGATHY, THIRUVANANTHAPURAM - 695 014.

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


            SMT ANIMA, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION          ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21949 OF 2022                    2




                                       JUDGMENT

The writ petition is filed seeking the following reliefs :-

1. a writ of mandamus or other appropriate writ, order or direction directing the 1st respondent to consider and pass orders on Exhibit P2 and P3.

2. a writ of mandamus or other appropriate writ, order or direction directing the respondents to consider transferring the petitioner as LPSA to any one of the vacancies of LPSA available at Ponvila Lutheran School, Parassala.

2. I have heard Sri.Vishnu S. Chempazhanthiyil, the learned counsel appearing for the petitioner who submitted that the limited request of the petitioner at this stage is for a consideration of Ext.P3 by the 1st respondent and to take a decision on its merits.

3. Heard the learned Government Pleader as well. In the nature of the order that I propose to pass, notice to the 1st respondent is dispensed with.

4. After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar, and the facts and circumstances, I am of the view that this writ petition can be disposed of at the admission stage itself by issuing the following directions:

a) There will be a direction to the 1st respondent WP(C) NO. 21949 OF 2022 3 to take up, consider and pass appropriate orders on Ext.P3, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorised representative.
b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of two months from the date of production of a copy of this judgment.
c) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action. This writ petition is disposed of.
Sd/-

RAJA VIJAYARAGHAVAN V JUDGE sru WP(C) NO. 21949 OF 2022 4 APPENDIX OF WP(C) 21949/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 1ST RESPONDENT VIDE NO.66/16 DATED 1/6/2016.

Exhibit P2 TRUE COPY OF THE REQUEST DATED 5.10.2021 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.

Exhibit P3 TRUE COPY OF THE REQUEST DATED 15.06.2022 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.

RESPONDENTS EXHIBITS : NIL