K.V. Karunakaran vs The State Of Kerala
2021 Latest Caselaw 10961 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.8837 OF 2021(D)


PETITIONER:

               K.V. KARUNAKARAN
               AGED 72 YEARS
               SON OF K.V.KORAN, MANAGER, OORPAZHASSIKAVU UP SCHOOL,
               P.O.EDAKKAD, NADAL, KANNUR SOUTH - 670 663.

               BY ADVS.
               SRI.V.A.MUHAMMED
               SRI.M.SAJJAD

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
               PUZHATHI HOUSING COLONY, KANNUR - 670 002.

      4        THE DISTRICT EDUCATIONAL OFFICER
               THAVAKKARA, KANNUR -670 002.

      5        THE ASSISTANT EDUCATIONAL OFFICER
               KANNUR SOUTH AT CHAKKARAKALLU - 670 613.


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.8837 OF 2021(D)

                                    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 Exhibit P-1 and set aside the original of the same to the extent it disallowed one division and post by the issue of a writ of certiorari or other appropriate writ or order.

(ii) call for the records relating to Exhibits P-2, P-3 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.

(iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1 st respondent to reconsider Exhibit P-4 revision petition with notice to the petitioner and duly taking note of Exhibits P-7 and P-8 series."

2. Heard the learned counsel for the petitioner and

the learned Government Pleader.

3. The contention of the petitioner is that the

statutory revision preferred by the petitioner under Rule 12F

of Chapter XXIII KER has been rejected by the Government

by Ext.P5 letter without affording an opportunity of hearing WP(C).No.8837 OF 2021(D)

to the petitioner. It is further contended that the

Government letter does not answer the requirements of an

executive order as provided under Article 166(2) of the

Constitution of India. The learned counsel for the petitioner

relies on a decision of Full Bench of this Court in Sudheer vs.

Susheela (2009 (4) KLT 29) to contend that where the

Government considers a statutory revision petition, the

order should be passed as specifically provided under Article

166(2) of the Constitution of India and that a hearing is also

required to be afforded to the complainant.

4. Having considered the contentions advanced and

having heard the learned Government Pleader also, I am of

the opinion that, in the light of Ext.P6 judgment of a Full

Bench of this Court, Ext.P5 which does not answer the

requirements of an executive order passed by the

Government cannot survive since a statutory revision cannot

be disposed of by a cursory order without hearing the

petitioner.

WP(C).No.8837 OF 2021(D)

5. In the above view of the matter, Ext.P5 is set

aside. There will be a direction to the 1 st respondent to

consider and pass orders on Ext.P4 revision petition

preferred by the petitioner with notice to the petitioner and

any other affected parties. Orders shall be passed after

affording an opportunity of hearing through any appropriate

means including video conferencing, within a period of three

months from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Bng/08.04.2021 WP(C).No.8837 OF 2021(D)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE STAFF FIXATION ORDER NO.D.DIS./2661/2018/E DATED 29/06/2018 ISSUED BY THE ARO, KANNUR SOUTH.

EXHIBIT P2 TRUE COPY OF THE ORDER NO.B2/15038/18/K.DIS. DATED 29/09/2018 ISSUED BY THE DDE, KANNUR.

EXHIBIT P3 TRUE COPY OF THE ORDER NO.RA(3) 63282/2018/DPI/D.DIS. DATED 12/03/2019 ISSUED BY THE DIRECTOR.

EXHIBIT P4 TRUE COPY OF THE REVISION PETITION DATED 20/02/2021 FILED BY THE PETITIONER BEFORE THE GOVERNMENT.

EXHIBIT P5 TRUE COPY OF THE GOVERNMENT LETTER NO.63/T3/2021/G.EDN. DATED 26/02/2021.

EXHIBIT P6 TRUE COPY OF THE DIVISION BENCH DECISION REPORTED IN 2009(4) KLT 29.

EXHIBIT P7 TRUE COPY OF THE FITNESS CERTIFICATE DATED 31/05/2018 ISSUED BY THE ASSISTANT ENGINEER, LSGD EDAKKAD ZONE, KANNUR MUNICIPAL CORPORATION.

EXHIBIT P8 TRUE COPY OF THE STAFF FIXATION ORDER NO.D.DIS.E.3071/2000 DATED 15/07/2000 FOR 2000-01 ISSUED BY THE AEO, KANNUR SOUTH.

EXHIBIT P8(A) TRUE COPY OF THE STAFF FIXATION ORDER NO.B/2255/83 DATED 30/07/1983 FOR 1983- 84 ISSUED BY THE AEO, KANNUR SOUTH.

EXHIBIT P8(B) TRUE COPY OF THE STAFF FIXATION ORDER NO.3302/85/B. DATED 08/10/1985 FOR 1985-86 ISSUED BY THE AEO, KANNUR SOUTH.

WP(C).No.8837 OF 2021(D)

EXHIBIT P8(C) TRUE COPY OF THE STAFF FIXATION ORDER NO.D.DIS./1794/92 DATED 30/02/1992 FOR 1992-93 ISSUED BY THE AEO, KANNUR SOUTH.