Kerala High Court
A.Asharaf vs The State Of Kerala on 8 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943
WP(C).No.9147 OF 2021(P)
PETITIONER:
A.ASHARAF
AGED 51 YEARS
SON OF AMMAD KUTTY, UPPER PRIMARY SCHOOL ASSISTANT
(UPSA), POONATH NELLISSERY A U P SCHOOL, NADUVANNUR-
673 614, KOZHIKODE DISTRICT
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 11,
THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695 014.
3 THE DISTRICT EDUCATIONAL OFFICER,
THAMARASSERY, KOZHIKODE DISTRICT-673 573.
4 THE ASSISTANT EDUCATIONAL OFFICER,
PERAMBRA, KOZHIKODE DISTRICT-673 525.
5 THE MANAGER,
POONATH NELLISSERY A U P SCHOOL, NADUVANNUR-673 614,
KOZHIKODE DISTRICT
OTHER PRESENT:
NISHA BOSE GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.9147 OF 2021
2
JUDGMENT
Dated this the 8th 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-6 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 respondents to grant
approval to Exhibit P-3 forthwith.
(iii) issue a writ of mandamus or other appropriate writ,
order or direction commanding the 1 st respondent to
consider and pass appropriate orders upon Exhibit P10
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 by the learned counsel for the
petitioner that against the orders rejecting permission for
reversion from the post of HM as Assistant Teacher, the
petitioner has approached the Government with Ext.P10
revision petition and seeks a consideration of the same.
4. Having heard the learned Government Pleader
WP(C).No.9147 OF 2021
also, there will be a direction to the 1 st respondent to take
up, consider and pass orders on Ext.P10 revision petition
preferred by the petitioner with notice to the petitioner as
well as the Manager and 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. The petitioner shall produce a copy of the
writ petition along with a copy of the judgment before the 1 st
respondent for compliance.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Bng/09.04.2021
WP(C).No.9147 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER NO.B/9153/2019
DATED 07.12.2019 OF THE AEO, PERAMBRA.
EXHIBIT P2 TRUE COPY OF THE RELINQUISHMENT LETTER
OF THE PETITIONER DATED 01.01.2020.
EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS OF THE
MANAGER DATED 23.04.2020.
EXHIBIT P4 TRUE COPY OF THE ORDER
NO.K.DIS.B/405/2020 DATED 28.12.2020 OF
THE AEO, PERAMBRA.
EXHIBIT P5 TRUE COPY OF THE PETITION SUBMITTED
BEFORE THE DEO DATED 13.01.2021.
EXHIBIT P6 TRUE COPY OF THE ORDER
NO.B2/341/2021/K.DIS. DATED 03.02.2021
OF THE DEO, THAMARASSERY.
EXHIBIT P7 TRUE COPY OF THE G.O.
(RT.)NO.2680/2020/G.EDN. DAETD
28.09.2020 OF THE GOVT.
EXHIBIT P8 TRUE COPY OF THE PETITION FILED BEFORE
THE DEO, THAMARASSERY DATED 26.2.2021.
EXHIBIT P9 TRUE COPY OF THE ORDER NO.D/2649/2011
DATED 05.09.2011 OF THE AEO, PERAMBRA
ALONG WITH TYPED COPY.
EXHIBIT P10 TRUE COPY OF THE REVISION PETITION
FILED BEFORE THE GOVERNMENT ORDER DATED
10.02.2021, WITHOUT EXHIBITS.
