Jayasankar K.A vs The State Of Kerala
2021 Latest Caselaw 10960 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.8843 OF 2021(E)


PETITIONER:

               JAYASANKAR K.A.
               AGED 31 YEARS
               S/O. VASUDEVAN K. A., HIGH SCHOOL TEACHER (SOCIAL
               STUDIES), K. M. V. HIGHER SECONDARY SCHOOL, KODAKKAD
               P. O., KODAKKAD - 671 357, KASARGODE DISTRICT.

               BY ADV. SHRI.DINESH KUMAR K.

RESPONDENTS:

      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
               KASARGODE DISTRICT - 671 001.

      4        THE DISTRICT EDUCATIONAL OFFICER
               KANHANGAD, KASARGODE DISTRICT - 671306.

      5        THE MANAGER
               K.M.V.HIGHER SECONDARY SCHOOL, KODAKKAD P. O.,
               KODAKKAD - 671 357, KASARGODE DISTRICT.

      6        THE PRINCIPAL
               K.M.V.HIGHER SECONDARY SCHOOL, KODAKKAD P. O.,
               KODAKKAD - 671 357, KASARGODE DISTRICT.


OTHER PRESENT:

               SMT.NISHA BOSE -GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8843 OF 2021(E)

                                   2

                           JUDGMENT

Dated this the 7th day of April, 2021.

This writ petition is filed seeking the following prayers:-

"(i) call for the records relating to Exhibits P-4 and P-5 and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.

(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 4th respondent to approve the appointment of the petitioner as HST (Social Studies) with effect from 02.07.2019 and forthwith.

(iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 2 nd respondent to consider and pass appropriate orders upon Exhibit P-8 after affording an opportunity of being heard to the petitioner within a time limit."

2. Heard the learned counsel for the petitioner and

the learned Government Pleader.

3. It is submitted that the petitioner was appointed

as HST (Social Studies) in the 5 th respondent's school w.e.f

02.07.2019, but the approval was rejected on the ground

that there is no proper approved Manager in the school. It is

submitted that the approval has been accorded for the

Manager by Ext.P9 proceedings and the Manager has moved

the 2nd respondent with Ext.P8 revision petition against the WP(C).No.8843 OF 2021(E)

rejection of approval to the petitioner's appointment. It is,

therefore, submitted that the said revision petition is liable

to be considered in accordance with law.

4. Having heard the learned Government Pleader

also, there will be a direction to the 2 nd respondent to take

up, consider and pass orders on Ext.P8 revision petition

moved by the 5th respondent with notice to the 5th

respondent as well as the petitioner, after hearing them

through any appropriate means including video

conferencing, within a period of three months from the date

of receipt of a copy of this judgment. Ext.P9 order dated

03.10.2019 by which the appointment of Manager has been

approved shall also be considered while passing orders as

directed above.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Bng/08.04.2021 WP(C).No.8843 OF 2021(E)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 02.07.2019.

EXHIBIT P2 TRUE COPY OF THE JOINING REPORT ISSUED BY THE HEADMISTRESS DATED 02.07.2019.

EXHIBIT P3 TRUE COPY OF THE APPOINTMENT APPROVAL -

APPLICATION FORM SUBMITTED THROUGH SAMANWAYA PORTAL.

EXHIBIT P4 TRUE COPY OF THE ORDER NO.B4/13226/2019/K.DIS. DATED 9/2019 SIGNED ON 31.10.2019 OF THE 4TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE ORDER NO.B1/210093/2019 DATED 01.02.2020 OF THE 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE APPOINTMENT ORDER OF SMT. NISHA P. T., DATED 03.09.2019.

EXHIBIT P7 TRUE COPY OF THE LETTER NO.E3/4473/2019 DATED 02.09.2019 OF THE 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE 2ND RESPONDENT DATED 30.04.2020 BY THE MANAGER OF THE SCHOOL.

EXHIBIT P9 TRUE COPY OF THE ORDER NO.E3/4473/2019 DATED 03.10.2019 OF THE 2ND RESPONDENT.