WP(C) NO. 16129 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 16129 OF 2022
PETITIONER:
P.M.RADHAKRISHNAN,
AGED 77 YEARS
S/O. LATE M.ANANDAN, MANAGER OF KUTHUPARAMBA U.P
SCHOOL, P.O.KUTHUPARAMBA, RESIDING AT SREEKRISHNA
NIVAS, P.O.KUTHUPARAMBA, KANNUR DISTRICT, PIN -
670643
BY ADV R.SURENDRAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION, JAGATHI,
THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KANNUR
DISTRICT, KANNUR, PIN - 670002
4 THE ASSISTANT EDUCATIONAL OFFICER
KUTHUPARAMBA, P.O.KUTHUPARAMBA, KANNUR DISTRICT,
PIN - 670643
5 C.MUNEER
AGED 42 YEARS
S/O. MOIDU, RESIDING AT DARUL HUDA, MOUVERI,
KOTTAYAM MALABAR.P.O, KANNUR DISTRICT, PIN - 670643
SMT NISHA BOSE, SR GOVERNMENT PLEADER
WP(C) NO. 16129 OF 2022 2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 16129 OF 2022 3
JUDGMENT
The petitioner herein is the approved Manager of the Kuthuparamba U.P.School. He has approached this Court seeking direction to the 3rd respondent to deploy a protected teacher in the Kuthuparamba UP School in the suspension vacancy of the 5th respondent, before the commencement of the Academic year 2022-23 or in the alternative to permit the petitioner to fill up the vacancy of the Arabic teacher in the Kuthuparamba UP School by appointing an Arabic teacher on a daily wage basis.
2. Heard Sri.Surendran, the learned counsel appearing for the petitioner and Smt.Nisha Bose, the learned Senior Government Pleader.
3. It appears from the submissions advanced by the learned Government Pleader that as of date, there are no protected teachers available for deployment to the school in question. It is submitted that till protected teachers are deployed in the School, the Manager can be permitted to appoint an Arabic teacher on a daily wage basis.
In that view of the matter, this writ petition is disposed of directing the petitioner herein to appoint an Arabic Teacher on a daily wage basis subject to the condition that as and when protected teacher is available for WP(C) NO. 16129 OF 2022 4 deployment and the said fact is informed by the concerned respondent, the said protected teacher shall be deployed.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE IAP WP(C) NO. 16129 OF 2022 5 APPENDIX OF WP(C) 16129/2022 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE SUSPENSION ORDER DATED 15-4-2017 ISSUED BY THE PETITIONER AS THE MANAGER OF KUTHUPARAMBA U.P SCHOOL Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER IN RESPECT OF SRI.ABDUL SHUKOOR.M AS ARABIC TEACHER IN THE KUTHUPARAMBA U.P SCHOOL WITH ORDER OF APPROVAL DATED 1-2-2018 ISSUED BY THE 4TH RESPONDENT Exhibit P3 TRUE COPY OF THE LETTER DATED 27-5-2019 ISSUED BY THE 4TH RESPONDENT TO THE HEADMISTRESS OF KUTHUPARAMBA U.P SCHOOL Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED 11-
7-2019 IN W.P.(C) NO.18924 OF 2019 OF HIGH COURT OF KERALA Exhibit P5 TRUE COPY OF THE ORDER DATED 31-10-2019 ISSUED BY THE THIRD RESPONDENT Exhibit P6 TRUE COPY OF THE RELIEVING ORDER DATED 22-11-2021 IN RESPECT OF SRI.RIYAS.P, L.G ARABIC Exhibit P7 TRUE COPY OF THE LETTER DATED 29-12-2021 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT Exhibit P8 TRUE COPY OF THE REPLY DATED 11-1-2022, ISSUED BY THE THIRD RESPONDENT RESPONDENTS' EXHIBITS:
NIL