WP(C) NO. 16298 OF 2022 1
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. 16298 OF 2022
PETITIONER:
RAJEEVAN K.
AGED 56 YEARS
S/O PADMANABHAN ADIYODI, RESIDING AT KALAMULLATHIL
HOUSE, KODENCHERI,PURAMERI.P.O, KOZHIKODE-673503.
(WORKING AS PRINCIPAL, KADATHANAD RAJAS HIGHER
SECONDARY SCHOOL, (KRHSS), PURAMERI, VATAKARA,
KOZHIKODE).
BY ADVS.
C.P.PEETHAMBARAN
MINI.V.A.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HIGHER
SECONDARY EDUCATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001,
2 THE REGIONAL DEPUTY DIRECTOR OF HIGHER
SECONDARY EDUCATION,
KOZHIKODE, OFFICE OF THE REGIONAL DEPUTY DIRECTOR OF
HIGHER SECONDARY EDUCATION, KALLAI P.O, KOZHIKODE,
PIN-673 003.
3 THE MANAGER
KADATHANAD RAJAS HIGHER SECONDARY SCHOOL, (KRHSS),
PURAMERI, VATAKARA, KOZHIKODE, PIN- 673 503.
SMT NISHA BOSE, SR GOVERNMENT PLEADER
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. 16298 OF 2022 2
JUDGMENT
The petitioner states that he was appointed as UP Assistant in a leave vacancy in the Kadathanad Rajas Higher Secondary School with effect from 15.11.1990. He was permanently appointed in the said post on 1.6.1992 and has been working in the school since then. According to the petitioner, he is the seniormost HSST and he attained the eligibility to be promoted as Principal of the school in a retirement vacancy of Smt. Prabha K., who retired on 31.5.2020. The grievance of the petitioner is that the petitioner was appointed as Principal only on 12.4.2022. In the said circumstances, he submitted Ext.P8 representation before the 2nd respondent, claiming promotion retrospectively. In this writ petition, the prayer sought for by the petitioner is for a direction to the 2nd respondent to consider Ext.P8 representation and pass orders in an expeditious manner.
2. I have heard Sri.C.P.Peethambaran, the learned counsel appearing for the petitioner and Smt.Nisha Bose, the learned Senior Government Pleader. In the nature of the order that I propose to pass, notice to the 3rd 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. 16298 OF 2022 3 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 2nd respondent to take up, consider and pass appropriate orders on Ext.P8, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorised representative and the 3rd respondent.
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 to ensure compliance.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE IAP WP(C) NO. 16298 OF 2022 4 APPENDIX OF WP(C) 16298/2022 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 5.3.2012 OF THE PETITIONER ISSUED BY THE 3RD RESPONDENT.
Exhibit P2 TRUE COPY OF THE ORDER DATED 18.09.2017 ISSUED BY THE 2ND RESPONDENT.
Exhibit P3 TRUE COPY OF THE ORDER DATED 6.11.2019 ISSUED BY THE 2ND RESPONDENT.
Exhibit P4 TRUE COPY OF THE ORDER DATED 17.3.2021 ISSUED BY THE 2ND RESPONDENT.
Exhibit P5 TRUE COPY OF THE ORDER DATED 26.7.2021 ISSUED BY THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE ORDER DATED 12.04.2022 ISSUED BY THE 3RD RESPONDENT.
Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 7.5.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 7.5.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS:
NIL