Athul Suresh vs State Of Kerala

Citation : 2024 Latest Caselaw 10583 Ker
Judgement Date : 11 April, 2024

Kerala High Court

Athul Suresh vs State Of Kerala on 11 April, 2024

WPC.No.15088/24                         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. 15088 OF 2024
PETITIONER:

             ATHUL SURESH.,
             AGED 31 YEARS,
             S/O.S.SURESH, OFFICE ATTENDANT, SPW HIGH SCHOOL,
             THAIKKATTUKARA, ALUVA, ERNAKULAM DISTRICT (RESIDING
             AT SANTHINIKETHAN HOUSE, ASHOKAPURAM P.O., ALUVA,
             ERNAKULAM - 683101), PIN - 683 106.

             BY ADVS.
             V.A.MUHAMMED
             M.SAJJAD



RESPONDENTS:

       1     STATE OF KERALA,
             REPRESENTED BY ITS PRINCIPAL SECRETARY TO
             GOVERNMENT,    GENERAL EDUCATION DEPARTMENT,
             SECRETARIAT ANNEX II, THIRUVANANTHAPURAM,
             PIN - 695 001.

       2     THE DISTRICT EDUCATIONAL OFFICER,
             MINI CIVIL STATION, ALUVA, ERNAKULAM,
             PIN - 683 101.

       3     THE MANAGER,
             SPW HIGH SCHOOL, THAIKKATTUKARA, ALUVA,
             ERNAKULAM DISTRICT, PIN - 683 106.


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    11.04.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC.No.15088/24                        2

                              JUDGMENT

The petitioner being aggrieved by the non-approval of the petitioner as Office Attendant, has approached this Court by filing this writ petition. It is pointed out that the petitioner has already moved the 1st respondent by filing Ext.P5 revision petition which is now pending consideration.

2. Limited prayer sought by the petitioner is for a direction to the 1st respondent to take a decision on Ext.P5 as expeditiously as possible. To substantiate the contentions raised by the petitioner, he also placed reliance upon Ext.P6 judgment passed by this Court.

After hearing the learned counsel for the petitioner and the learned Government Pleader, this writ petition is disposed of directing the 1st respondent to take up Ext.P5 and to pass appropriate orders thereon in accordance with law after hearing the petitioner and the 3rd respondent. Orders thereon shall be passed within a period of four months from the date of receipt of a copy of this judgment after considering the contentions raised by the petitioner by adverting to the observations in Ext.P6 judgment.

Sd/-

ZIYAD RAHMAN A.A. JUDGE DG/11.4.24 WPC.No.15088/24 3 APPENDIX OF WP(C) 15088/2024 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER DATED 15.07.2023 Exhibit P-2 TRUE COPY OF THE DISABILITY CERTIFICATE NO. D1-877/OC/21 DATED 12.10.2021 ISSUED BY DISTRICT HOSPITAL, ALUVA Exhibit P-3 TRUE COPY OF THE DOCUMENT SHOWING HIS REGISTRATION Exhibit P-4 TRUE COPY OF THE ORDER NO. B2/51529/2023 DATED 12.03.2024 ISSUED BY DEO, ALUVA Exhibit P-5 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 30.03.2024 Exhibit P-6 TRUE COPY OF THE DECISION REPORTED IN 1987 KHC 145 DATED 17.02.1987 (RAVINDRA BABU V. STATE OF KERALA ) Exhibit P-7 TRUE COPY OF THE G.O(P) NO. 3/2019/G.EDN DATED 28.02.2019 Exhibit P-8 TRUE COPY OF GOVERNMENT CIRCULAR NO.

J2/57/2019/G.EDN DATED 08.03.2019