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L.Chandramony vs Education
2021 Latest Caselaw 16032 Ker

Citation : 2021 Latest Caselaw 16032 Ker
Judgement Date : 2 August, 2021

Kerala High Court
L.Chandramony vs Education on 2 August, 2021
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
                         WP(C) NO. 15305 OF 2021
PETITIONER:
              L.CHANDRAMONY
              AGED 78 YEARS
              W/O.LATE V.V.VASUDEVAN PILLAI,MANAGER,BABY
              JOHN,SASHTYABDIPOORTHI MEMORIAL MADATHIL VOCATIONAL AND
              HIGHER SECONDARY SCHOOL,KUTHIRAPPANTHI.P.O,
              THAZHAVA NORTH,KOLLAM DISTRICT,PIN-690523(RESIDING AT
              MADATHIL HOUSE,MADATHIL KARAZHMA.P.O, OACHIRA,KOLLAM
              DISTRICT,PIN-0690526.

              BY ADVS.
              JOHN JOSEPH VETTIKAD
              C.JOSEPH JOHNY


RESPONDENTS:
     1     DIRECTOR of GENERAL EDUCATION
           THYCAUD,JAGATHY,
           THIRUVANANTHAPURAM,PIN-695014.
     2        THE DEPUTY DIRECTOR OF EDUCATION
              KOLLAM,KOLLAM-ELAMPALLOOR ROAD,THEVALLY,KOLLAM-691009.
     3        THE DISTRICT EDUCATIONAL OFFICER
              KOLLAM,CIVIL STATION.P.O,KOLLAM-691013.
     4        SMT.SOORYA.S,
              AGED 34 YEARS,D/O.SOURAFAN SUKUMARAN,KALEEKKAL
              THEKKATHIL,KIDANGAYAM NORTH,
              PATHARAM,PIN-690522,SEWING TEACHER,BABY JOHN
              SASHTYABDIPOORTHI MEMORIAL MADATHIL VOCATIONAL AND HIGHER
              SECONDARY SCHOOL,KUTHIRAPPANTHI.P.O, THAZHAVA NORTH,
              KOLLAM DISTRICT,PIN-690523.



OTHER PRESENT:
           SRI. BIJOY CHANDRAN-SR. G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15305 OF 2021
                                    2



                              JUDGMENT

This writ petition is filed seeking the following relief:-

"(i) issue a writ of mandamus or order or direction in the nature thereof directing the 1st respondent to dispose of Exhibit P6 Revision Petition filed under Rule 12E (3) of Chapter XXIII KER after affording an opportunity of being heard to the petitioner within a time limit to be stipulated by this Hon'ble Court."

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 the petitioner, who is the Manager of a

Vocational Higher Secondary School, has approached the 1 st

respondent with a revision petition referred under Rule 12E

of Chapter XXIII of KER. It is submitted that the revision

sought is with regard to the staff fixation for the academic

year 2019-2020.

4. Having heard the learned Government Pleader also,

I am of the opinion that since Ext.P6 is a statutory revision

preferred by the Manager as against staff fixation, the same WP(C) NO. 15305 OF 2021

is liable to be considered and disposed of, in accordance with

law.

5. There will, accordingly, be a direction to the 1 st

respondent to take up, consider and pass orders on Ext.P6

revision petition preferred by the petitioner with notice to the

petitioner as well as the 4th respondent and after hearing

them through any appropriate means including video

conferencing within a period of two months from the date of

receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

bng/03.08.2021 WP(C) NO. 15305 OF 2021

APPENDIX OF WP(C) 15305/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE STAFF FIXATION PROCEEDINGS ORDER D-DIS/B2/46637/2019 DATED 29/07/2019 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER KOLLAM

Exhibit P2 THE TRUE COPY OF THE LETTER NO.B3/7131/2020 DATED 30/07/2020 RECEIVED ON 14/08/2020 OF THE DEPUTY DIRECTOR OF EDUCATION KOLLAM

Exhibit P3 THE TRUE COPY OF THE LETTER NO:QIP (2)/29920/2015/DPI DATED 06/06/2015 OF THE DIRECTOR OF PUBLIC INSTRUCTION

Exhibit P4 THE TRUE COPY OF GO(RT)NO.2085/2015/G EDN DATED 28/05/2015

Exhibit P5 THE TRUE COPY OF PROCEEDINGS ORDER NO:B6/14014/2018/K-DIS DATED 19/12/2018 OF THE 3RD RESPONDENT

Exhibit P6 THE TRUE COPY OF REVISION PETITION FILED BEFORE 1ST RESPONDENT UNDER RULE 12 E (1)OF CHAPTER XXIII KER

 
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