Ahammed Kabeer P vs State Of Kerala

Kerala High Court

Ahammed Kabeer P vs State Of Kerala on 21 May, 2024

WPC.No.18147/2024                 1

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
          THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
   TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                    WP(C) NO. 18147 OF 2024
PETITIONER:

           AHAMMED KABEER P.,
           AGED 26 YEARS,
           S/O.NOORUDHEEN N.H, LPST, N.I.S.L.P SCHOOL,
           PALOTTUPALLY, MATTANNUR POST,
           KANNUR DISTRICT, PIN - 670 702.

           BY ADVS.
           POOVAMULLE PARAMBIL ABDULKAREEM
           K.N.KUMARASWAMY SARMA



RESPONDENTS:

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

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

     3     DISTRICT EDUCATIONAL OFFICER,
           OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
           THALASSERY, KANNUR DISTRICT, PIN - 670 101.

     4     ASSISTANT EDUCATIONAL OFFICER,
           OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
           MATTANNUR, KANNUR DISTRICT, PIN - 670 702.
 WPC.No.18147/2024                       2

     5     MANAGER,
           N.I.S.L.P SCHOOL, PALOTTUPALLY, MATTANNUR POST,
           KANNUR DISTRICT, PIN - 670 702.


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   21.05.2024,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC.No.18147/2024                         3

                             JUDGMENT

The petitioner, being aggrieved by the denial of approval of his appointment as LPSA in the School managed by the 5 th respondent, in the scale of pay, has approached by this Court seeking the following reliefs:

I. To issue a writ of mandamus or any other appropriate writ, order or direction directing the 1 st respondent to consider and pass appropriate orders on Ext.P5 revision petition adverting Exts.P6 to P8 as expeditiously as possible.

II. To issue writ of Certiorari or any other appropriate writ to quash Exts.P2 and P4 orders as it is illegal and unsustainable.

III. To issue a writ of mandamus or any other appropriate writ, order or direction directing the 4th respondent to approve the appointment of the petitioner as LPST from 15.07.2021 onwards in the scale of pay forthwith.

IV. To declare that the petitioner is entitled to get provisional approval as LPST in the scale of pay from the date of appointment as the vacancy in which the petitioner was appointed is an established vacancy due to the retirement of Sri.Asgar P.K, LPST. V. To dispense with filing of English translation of vernacular documents produced.

VI. To grant such other relief which this Hon'ble Court deems fit and necessary in the interest of justice."

2. Petitioner has already highlighted his grievance by submitting Ext.P5, which is now pending before the 1 st respondent. Limited prayer sought by the petitioner is for a direction to the 1 st respondent to consider and pass appropriate orders on Ext.P5.

After hearing the learned counsel for the petitioner and the learned Government Pleader, I am inclined to dispose of this writ petition. Accordingly, it is ordered that the 1 st respondent shall take up Ext.P5 and appropriate orders in this regard shall be passed within a period of four months from the date of receipt of a copy of this judgment, after hearing the petitioner and the 5 th respondent. While taking a decision in this regard, the 1 st respondent shall take into account Exts.P6 to P8.

Sd/-

ZIYAD RAHMAN A.A. JUDGE DG/22.5.24 WPC.No.18147/2024 5 APPENDIX OF WP(C) 18147/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 15/07/2021 ISSUED BY THE 5TH RESPONDENT Exhibit P2 TRUE COPY OF THE ORDER NO.B/16337/2021 DATED 07/09/2023 Exhibit P3 TRUE COPY OF THE APPEAL DATED 21/09/2023 Exhibit P4 TRUE COPY OF THE ORDER NO.

B5/201417/2023 DATED 29/10/2023 Exhibit P5 TRUE COPY OF THE REVISION PETITION DATED 21/04/2024 SUBMITTED BY THE PETITIONER Exhibit P6 TRUE COPY OF THE REQUISITION DATED 11/07/2023 SUBMITTED BY THE 5TH RESPONDENT Exhibit P7 TRUE COPY OF THE LETTER NO. JR 1/502/2023-GED DATED 24/01/2024 ISSUED BY THE 1ST RESPONDENT Exhibit P8 TRUE COPY OF THE CIRCULAR NO. DGE/15133- 2023(2)-H2 DATED 03/02/2024 ISSUED BY THE 2ND RESPONDENT