IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 19221 OF 2022
PETITIONER/S:
FEBIN NOWSHAD.K.A.
AGED 38 YEARS
SON OF K A ABDULLA HIGH SCHOOL ASSISTANT (HSA)
(PENDING APPROVAL) A.S. MOHAMMED MEMORIAL HIGHER
SECONDARY SCHOOL, ALATHUR,
PALAKKAD DISTRICT-678 541
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II,
THIRUVANANTHAPURAM-695 001
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695 014
3 THE DEPUTY DIRECTOR OF EDUCATION,
CIVIL STATION, PALAKKAD DISTRICT-678 001
4 THE DISTRICT EDUCATIONAL OFFICER,
FORT MAIDAN, PALAKKAD-678 001
5 THE MANAGER,
A.S. MOHAMMED MEMORIAL HIGHER SECONDARY SCHOOL AND
TEACHERS TRAINING INSTITUTE, ALATHUR,
PALAKKAD DISTRICT-678 541 .
6 THE PRINCIPAL,
A.S. MOHAMMED MEMORIAL HIGHER SECONDARY SCHOOL,
ALATHUR, PALAKKAD DISTRICT-678 541
WP(C) NO. 19221 OF 2022
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7 SMT. V. SMITHA,
UPPER PRIMARY SCHOOL TEACHER,
A.S. MOHAMMED MEMORIAL HIGHER SECONDARY SCHOOL,
ALATHUR, PALAKKAD DISTRICT-678 541
SMT NISHA BOSE SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 19221 OF 2022
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JUDGMENT
Petitioner contends that he was appointed as U.P.S.A in the A.S. Mohammed Memorial Higher Secondary School, Alathur from 01.06.2010 onwards. Later, he was shifted against a regular vacancy and promoted as H.S.A (Maths) from 15.07.2021 onwards. It is contended that the 7th respondent had approached this Court being aggrieved by the rejection of the approval of her appointment and pursuant to orders passed by this Court, the Government issued Exhibit P5 order approving her appointment with effect from 15.1.2010. The petitioner contends that the 7th respondent was not entitled to ger approval from 15.01.2010 and in the said circumstances, he has preferred Exhibit P9 Review Petition which is pending consideration before the Government.
2. Though various other reliefs are sought in the writ petition, when the matter came up for consideration, the learned counsel appearing for the petitioner submits the limited request at this stage for issuance of direction to the 1st respondent to consider Ext.P9 and to take a decision in an expeditious manner.
3. I have heard the learned Senior Government Pleader. In view of the nature of the order that I propose to pass, notice to respondents 5 to 7 is dispensed with.
WP(C) NO. 19221 OF 2022 4
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 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, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorized representative and the 6th 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. 19221 OF 2022 5 APPENDIX OF WP(C) 19221/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2010 Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER 01.06.2011 Exhibit P3 TRUE COPY OF THE G.O. (RT.) NO. 5475/ 2018/GEDN DATED 29.12.2018 OF THE GOVERNMENT Exhibit P4 TRUE COPY OF THE JUDGMENT IN W.P. (C) NO.
11253/2020 DATED 05.10.2021 Exhibit P5 TRUE COPY OF THE G.O. (RT.) NO. 1719/2022/GEDN DATED 16.03.2022 OF THE GOVERNMENT Exhibit P6 TRUE COPY OF THE FITNESS CERTIFICATE DATED 19.12.2009 ISSUED BY THE ASSISTANT ENGINEER Exhibit P7 TRUE COPY OF THE STAFF FIXATION ORDER 2010-2011 ISSUED BY THE DEO, PALAKKAD Exhibit P8 TRUE COPY OF THE ORDER NO. B2/591/2018 DATED 12.04.2019 OF THE DEO, PALAKKAD Exhibit P9 TRUE COPY OF THE REVIEW PETITION FILED BEFORE THE GOVERNMENT DATED 25.04.2022 Exhibit P10 TRUE COPY OF THE DECISION REPORTED IN 2014 (1) KHC 829 DECIDED ON 13.02.2014