IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 16327 OF 2022
PETITIONER/S:
VIPIN MATHEW ABRAHAM
AGED 36 YEARS
SON OF N.P. ABRAHAM
UPPER PRIMARY SCHOOL TEACHER (UPST)
CMS COLLEGE HIGHER SECONDARY SCHOOL,
KOTTAYAM-686 001 (RESIDING AT VIPIN LAND, P.O.
MYNAGAPPALLY, KOLLAM DISTRICT) (M-98465 66340)
BY ADVS.
V.A.MUHAMMED
V.RAJASEKHARAN NAIR
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,
VAYASKARAKUNNU, PULIMOODU JUNCTION
KOTTAYAM-686 001 .
4 THE DISTRICT EDUCATIONAL OFFICER,
NEAR THIRUNAKKARA TEMPLE, KOTTAYAM-686 001
5 THE CORPORATE MANAGER,
CMS SCHOOLS, CATHEDRAL ROAD KOTTAYAM-686 001.
SMT NISHA BOSE SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 16327 OF 2022
2
JUDGMENT
The petitioner states that he has raised a claim for Compassionate Appointment in the CMS College Higher Secondary School, Kottayam managed by the 5th respondent. However, the proposal for approval was declined by the DEO. Later, on the strength of the subsequent Government Order vide G.O. (P.) No. 4/2021/G.Edn. dated 06.02.2021, the Manager has stated to have resubmitted the proposal for approval for the appointment of the teacher with an undertaking. However, the DEO has declined the proposal for approval yet again. Being aggrieved, the petitioner is stated to have preferred Exhibit P15 revision petition before the 1st respondent, which is stated to be pending.
2. Sri. M. Sajjad, the learned counsel appearing for the petitioner submitted that the limited request of the petitioner at this stage is for issuance of directions to the 1st respondent to expeditiously consider Ext.P15 and pass appropriate orders within a time frame.
3. I have heard Smt. Nisha Bose, the learned Senior Government Pleader. In the nature of the order that I propose to pass, notice to the 5th respondent is dispensed with. WP(C) NO. 16327 OF 2022 3
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.P15 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 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 avs WP(C) NO. 16327 OF 2022 4 APPENDIX OF WP(C) 16327/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 05.12.2019.
Exhibit P2 TRUE COPY OF THE ORDER NO. B2/18268/ 2019 DATED 15.09.2020 OF THE DEO, KOTTAYAM.
Exhibit P3 TRUE COPY OF THE APPEAL PETITION SUBMITTED BY THE MANAGER BEFORE THE DDE, KOTTAYAM DATED 19.11.2020.
Exhibit P4 TRUE COPY OF THE ORDER NO. B3/213187/ 2020 DATED 21.04.2020 OF THE DDE, KOTTAYAM.
Exhibit P5 TRUE COPY OF THE G.O. (P) NO. 4/2021/ G.EDN.
DATED 06.02.2021 OF THE GOVERNMENT.
Exhibit P6 TRUE COPY OF THE LETTER OF THE CORPORATE MANAGER ADDRESSED TO THE DEO, KOTTAYAM DATED 27.03.2021. Exhibit P7 TRUE COPY OF THE UNDERTAKING OF THE 23 CORPORATE MANAGER DATED 23.03.2021.
Exhibit P8 TRUE COPY OF THE ORDER NO. B2/21806/ 2021 24 -
DATED 07.02.2022 OF THE DEO, KOTTAYAM. Exhibit P9 TRUE COPY OF THE LETTER OF THE HEADMASTER OF GVHSS, PAYYANAKKAL ADDRESSED TO THE DEO, KOTTAYAM DATED 09.08.2021.
Exhibit P10 TRUE COPY OF THE DECLARATION OF THE CORPORATE MANAGER DATED 26.04.2022.
Exhibit P11 TRUE COPY OF THE LETTER OF SRI. ABIN GEORGE ABRAHAM ADDRESSED TO THE CORPORATE MANAGER DATED 05.12.2019.
Exhibit P12 TRUE COPY OF THE LEGAL HEIR-SHIP CERTIFICATE ISSUED BY THE TAHSILDAR, KUNNATHUR TALUK DATED 11.03.2018.
WP(C) NO. 16327 OF 2022 5 Exhibit P13 TRUE COPY OF THE CHARACTER, ANTECEDENT, CONDUCT CERTIFICATE ISSUED BY THE ADDITIONAL PROFESSOR-INCHARGE OF MEDICAL COLLEGE, KOTTAYAM DATED 05.12.2019.
Exhibit P14 TRUE COPY OF THE CERTIFICATE OF PHYSICAL 31 FITNESS ISSUED BY THE ADDITIONAL PROFESSOR-IN-CHARGE OF MEDICAL COLLEGE, KOTTAYAM DATED 05.12.2019.
Exhibit P15 TRUE COPY OF THE REVISION PETITION FILED 32 -
BEFORE THE 2ND RESPONDENT DATED 25.04.2022. Exhibit P16 TRUE COPY OF THE APPOINTMENT ORDER OF SMT. ANNU MEERA SABU DATED 01.06.2018 AND THE APPROVAL RECORDED THEREON.
Exhibit P17 TRUE COPY OF THE ORDER NO. ET3/234215/ 2021 DATED 10.03.2022 OF THE ADDITIONAL DIRECTOR (GENERAL) TO THE OFFICE ATTACHED TO THE 2ND RESPONDENT.