Abdul Jaleel K vs State Of Kerala

Citation : 2024 Latest Caselaw 10457 Ker
Judgement Date : 11 April, 2024

Kerala High Court

Abdul Jaleel K vs State Of Kerala on 11 April, 2024

WPC.No.15214/24                         1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
 THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                     WP(C) NO. 15214 OF 2024
PETITIONER:

           ABDUL JALEEL K, AGED 50 YEARS, S/O.K.MAMMAD, UPST,
           AUP SCHOOL PAZHUR, P O PAZHUR KOZHIKODE DISTRICT -
           673661 RESIDING AT KAMASSERY (H), CHERUVAYUR P.O,
           MALAPPURAM DISTRICT, PIN - 673 645.

           BY ADVS.R.K.MURALEEDHARAN
           ATHIRA A.MENON
           HARISANKAR.K.V.


RESPONDENTS:

     1     STATE OF KERALA, REP.BY SECRETARY TO GENERAL
           EDUCATION DEPARTMENT, THIRUVANANTHAPURAM,
           PIN - 695 001.

     2     DIRECTOR OF GENERAL EDUCATION,
           DIRECTORATE OF GENERAL EDUCATION, JAGATHI,
           THIRUVANANTHAPURAM, PIN - 695 014.

     3     THE DISTRICT EDUCATIONAL OFFICER,
           OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
           THAMARASSERY, KOZHIKODE DISTRICT, PIN - 673 573.

     4     THE ASSISTANT EDUCATIONAL OFFICER,
           OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
           KUNNAMANGALAM, KOZHIKODE, PIN - 673 570.

     5     THE MANAGER, AUP SCHOOL, PAZHUR, P.O PAZHUR,
           MAVOOR, KOZHIKODE DISTRICT, PIN - 673 661.

           SMT.NISHA BOSE, GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   11.04.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC.No.15214/24                       2

                            JUDGMENT

The petitioner, while working as Office Attendant with approval of the authorities concerned in the school managed by the 5th respondent, was appointed as UPST with effect from 01.06.2022. However, the approval of the said appointment was declined as per Ext.P6 order passed by the AEO, the 4 th respondent herein. Subsequently the order of rejection was confirmed by the 3rd respondent as per Ext.P7. Being aggrieved by the same, the 5 th respondent manager of the school submitted Ext.P8 revision petition, which is now pending before the 2nd respondent.

Limited prayer sought by the petitioner is for a direction to the 2nd respondent to consider and pass orders thereon within a time frame. After hearing the learned counsel for the petitioner and the learned Government Pleader, this writ petition is disposed of directing the 2nd respondent to taking up Ext.P8 appeal and pass appropriate orders thereon in accordance with law, after hearing the petitioner, the 5th respondent and other affected parties, if any. Orders thereon shall be passed within a period of two months from the date of receipt of a copy of this judgment.

Sd/-

ZIYAD RAHMAN A.A. JUDGE DG/11.4.24 WPC.No.15214/24 3 APPENDIX OF WP(C) 15214/2024 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 02.07.1996 ALONG WITH THE PROCEEDINGS, APPROVING THE APPOINTMENT OF THE PETITIONER AS OFFICE ATTENDANT Exhibit-P2 TRUE COPY OF THE APPOINTMENT ORDER DATED 05.06.2006 ALONG WITH THE PROCEEDINGS, APPROVING THE APPOINTMENT OF THE PETITIONER AS UPSA Exhibit-P3 TRUE COPY OF ORDER NO.C.3769/06/ D.DIS DATED 01.12.2006 ISSUED BY THE 4TH RESPONDENT APPROVING THE APPOINTMENT OF THE PETITIONER TILL 04.04.2009 Exhibit-P4 TRUE COPY OF ORDER NO.C.4005 /09/K.DIS DATED 15.03.2010 ISSUED BY THE 4TH RESPONDENT APPROVING THE APPOINTMENT OF THE PETITIONER FROM 04.10.2009 TO 23.09.2012 Exhibit-P5 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER IN FORM 27 DATED 01.06.2022 Exhibit-P6 TRUE COPY OF THE ORDER NO. C/29115/22 OF THE 4TH RESPONDENT DATED 07.11.2022 Exhibit-P7 TRUE COPY OF THE ORDER NO. K.DIS A3/199115/2022 DATED 11.01.2024 ISSUED BY THE 3RD RESPONDENT Exhibit-P8 TRUE COPY OF THE APPEAL FILED BEFORE THE 2ND RESPONDENT DATED 04.02.2024