WP(C) NO. 21018 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
WP(C) NO. 21018 OF 2022
PETITIONER:
SALIM.P
AGED 45 YEARS
S/O P.PARTHAN, PHYSICAL EDUCATION TEACHER, LUTHERAN
HIGHER SECONDARY SCHOOL, SOUTH ARYAD, ALAPPUZHA
DISTRICT-688 006. (RESIDING AT UTHAMANGALAM, S.N.
PURAM P.O., CHERTHALA, ALAPPUZHA - 688 582).
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT ANNEXURE - II,
THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM - 695 014.
3 THE DISTRICT EDUCATIONAL OFFICER,
CIVIL STATION, ALAPPUZHA-688580
4 THE CORPORATE MANAGEMENT,
LUTHERAN SCHOOLS, INDIA EVANGELICAL LUTHERAN CHURCH,
CLHSS COMPOUND PERUOORKADA, THIRUVANANTHAPURAM -
695005
5 THE PRINCIPAL,
LUTHERAN HIGHER SECONDARY SCHOOL, SOUTH ARYAD,
ALAPPUZHA DISTRICT-688 006.
SMT NISHA BOSE, SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 21018 OF 2022 2
JUDGMENT
The petitioner states that he was appointed in the Lutheran Higher Secondary School, South Aryad, as a Physical Education Teacher with effect from 19.11.2007 to 18.11.2012 and thereafter from 21.11.2012 to 20.11.2017. Later, the appointment was made on a regular basis against a retirement vacancy with effect from 27.08.2021. However, the approval was rejected by the DEO. Being aggrieved, the petitioner is stated to have preferred Ext.P6 revision petition before the Government which is stated to be pending. It is in the afore circumstances that the petitioner has approached this Court seeking issuance of directions.
2. Sri.M.Sajjad, the learned counsel appearing for the petitioner submits that directions be issued to the 1st respondent to consider Ext.P6 revision petition taking note of Exts.P8 to P13.
3. I have heard Smt.Nisha Bose, the learned Senior Government Pleader and have considered the submissions advanced. In the nature of the order that I propose to pass, notice to the respondents 4 and 5 is dispensed with.
4. After having carefully evaluated the contentions raised in this writ WP(C) NO. 21018 OF 2022 3 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.P6 revision petition adverting to Exts.P8 to P13, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorized representative and the respondents 4 and 5.
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 to ensure compliance.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE IAP WP(C) NO. 21018 OF 2022 4 APPENDIX OF WP(C) 21018/2022 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 19.11.2007 ALONG WITH APPROVAL RECORDED THEREON Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 21.11.2012 ALONG WITH APPROVAL RECORDED THEREON Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 27.08.2021 Exhibit P4 TRUE COPY OF THE CHANGE OF STAFF STATEMENT OF THE SCHOOL Exhibit P5 TRUE COPY OF THE ORDER NO.B3/30037/2021 DATED 07.02.2022 OF THE DEO, ALAPPUZHA Exhibit P6 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED NIL Exhibit P7 TRUE COPY OF THE DECISION REPORTED IN 1997 KHC 444 DATED 11.09.1997 Exhibit P8 TRUE COPY OF THE DECISION REPORTED IN 2002 KHC 88 DATED 21.12.2001 Exhibit P9 TRUE COPY OF THE DECISION REPORTED IN 2007 KHC 3371 DATED 20.10.2006 Exhibit P10 TRUE COPY OF THE G.O.(RT.) 1818/2019 G.EDN DATED 21/05/2019 Exhibit P11 TRUE COPY OF THE G.O (RT.) 5048/2019/G.EDN DATED 23/11/2019 WP(C) NO. 21018 OF 2022 5 Exhibit P12 TRUE COPY OF THE G.O(RT.) 95/2019/G.EDN DATED 10/01/2019 Exhibit P13 TRUE COPY OF THE G.O(RT.) 4503/2019/G.EDN DATED 29/10/2019 RESPONDENTS' EXHIBITS:
NIL