IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 17785 OF 2022
PETITIONER/S:
SAYOOJ PUNNAKOT
AGED 32 YEARS
OFFICE ATTENDANT,
AUP SCHOOL, KAITHAKKAD POST,
CHERUVATHUR KASARAGOD DISTRICT-671313.
BY ADV POOVAMULLE PARAMBIL ABDULKAREEM
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001.
2 DIRECTOR OF GENERAL EDUCATION,
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695014.
3 DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
KANHANGAD, KASARAGODE DISTRICT-671315
4 ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
CHERUVATHUR, KASARAGOD DISTRICT-671313.
5 MANAGER,
AUP SCHOOL, KAITHAKKAD POST,
CHERUVATHUR KASARAGOD DISTRICT-671313.
SMT SABEENA P ISMAIL GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 17785 OF 2022
2
JUDGMENT
The petitioner contends that he is working as an Office Attendant in AUP School, Kaithakkad against a retirement vacancy. Though he has been working from 01.06.2020 onwards, his pay and allowances have not been disbursed so far. He contends that based on the request made by the petitioner herein, the 2nd respondent issued directions to the 4th respondent to reconsider the issue of approval of the appointment of the petitioner in the light of Exhibit P8 Government Circular. However, the 4th respondent has rejected the request. Being aggrieved, the petitioner is stated to have preferred Exhibit P9 Revision Petition before the 1st respondent, which is stated to be pending. It is in the afore circumstances the petitioner has approached this Court seeking for consideration of Exhibit P9 representation in the light of Exhibit P8 Government Circular and P3 consent letter submitted by the Manager of the School.
2. Heard Sri. P.P. Abdul Kareem, the learned counsel appearing for the petitioner and Smt. Nisha Bose, the learned Senior Government Pleader. In view of the nature of order that I propose to pass, notice to the 5th respondent is dispensed with.
3. After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar and the facts and WP(C) NO. 17785 OF 2022 3 circumstances, I am of the view that this writ petition can be disposed of by issuing the following directions:
a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P9 revision petition, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorised representative and the 5th respondent.
b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of three 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 avs WP(C) NO. 17785 OF 2022 4 APPENDIX OF WP(C) 17785/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 01/06/2020 ISSUED BY THE 5TH RESPONDENT.
Exhibit P2 TRUE COPY OF THE ORDER NO.4611/2020/AEO/K.DIS DATED 26.07.2021 ISSUED BY THE 4TH RESPONDENT.
Exhibit P3 TRUE COPY OF THE CONSENT LETTER DATED 15.06.2020 SUBMITTED BY THE 5TH RESPONDENT. TRUE COPY OF THE APPEAL DATED 28/07/2021 EXHIBIT P4 SUBMITTED BY THE 5TH RESPONDENT TRUE COPY OF THE ORDER NO. B5/194282/2021 EXHIBIT P5 DATED 20/09/2021 ISSUED BY THE 3RD RESPONDENT EXHIBIT P6 TRUE COPY OF THE ORDER NO.G5/14342/DGE/K.DIS DATED 28.02.2022 ISSUED BY THE 2ND RESPONDENT EXHIBIT P7 TRUE COPY OF THE LETTER NO.C/09/2022/AEO (1) DATED 22.03.2022 ISSUED BY TEH 4TH RESPONDENT EXHIBIT P8 TRUE COPY OF THE CIRCULAR NO.J2/57/2019/G.Edn. DATED 08/03/2019 ISSUED BY TE 1ST RESPONDENT EXHIBIT P9 TRUE COPY OF THE REVISION PETITION DATED 06/04/2022 SUBMITTED BY THE PETITIONER.