Raghunathan V.V vs The Director Of General Education
2021 Latest Caselaw 16914 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
                        WP(C) NO. 15674 OF 2021
PETITIONER:

          RAGHUNATHAN V.V.,
          AGED 53 YEARS
          S/O. KUTTY KRISHNA VARRIER, VADAKEYVEETTIL HOUSE,
          KAVILLAMPARA P.O., KOZHIKODE DISTRICT, PIN-673513.

          BY ADVS.
          JOHN K.GEORGE
          M.B.SHYNI
          RAJESH KUMAR R.
          V.R.ANILKUMAR
          PAREETH LUTHUFIN K.B.
          RAMEES P.K.



RESPONDENTS:

    1     THE DIRECTOR OF GENERAL EDUCATION,
          THIRUVANANTHAPURAM, OFFICE OF THE DIRECTOR OF GENERAL
          EDUCATION, JAGATHY, THIRUVANANTHAPURAM, KERALA-695014.

    2     ASSISTANT EDUCATIONAL OFFICER,
          SULTHAN BATHERY, WAYANAD DISTRICT, PIN-670645.

    3     THE MANAGER, AUP SCHOOL VANCHODE, VANCHODE P.O,
          MANANTHAWADY, WAYANAD DISTRICT, PIN 670731
           IMPLEADED AS PER ORDER DATED 12/8/21 IN IA NO.1 OF
          2021


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15674 OF 2021

                                   2


                              JUDGMENT

Heard the learned counsel for the petitioner and the learned

Government Pleader. In view of the directions being issued, notice to

the Manager is dispensed with.

2. It is submitted that the petitioner is working as Physical

Education Teacher in the 3rd respondent's school from 25.11.1993

onwards. It is stated that Ext.P4 Government order has been issued

directing regularization of appointment of 54 Physical Education

Teachers working in UP schools. It is submitted that the petitioner has

not been granted the benefit to Ext.P4 order, on the ground that he had

not been permitted to sign the common attendance register maintained

in the school. The petitioner submits that he had been permitted to sign

in a separate attendance book which is available in the school. The

petitioner has preferred Exts.P7 and P8 representations before the

Director of Public Instructions (now, Director General of Education) and

seeks a consideration thereof. It is submitted that in case a

consideration of Exts.P7 and P8 representations is made with notice to

the Manager, the issue can be resolved since the petitioner had actually

been working from his initial date of appointment itself. WP(C) NO. 15674 OF 2021

Having heard the learned Government Pleader also, there will be a

direction to the 1st respondent to take up, consider and pass orders on

Exts.P7 and P8 representations preferred by the petitioner with notice

to the petitioner as well as the 3 rd respondent and after hearing them,

through any appropriate means, including video conferencing, The

contentions of the petitioner that he was working in the school shall be

considered with reference to the documents to be produced by the

petitioner and the Manager. Orders shall be passed 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 SVP WP(C) NO. 15674 OF 2021

APPENDIX OF WP(C) 15674/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE G.O.(M.S.) NO.113/2000 G.EDN. DATED 6.4.2000.

Exhibit P2 A TRUE COPY OF THE PROPOSAL MADE BY THE 2ND RESPONDENT DATED 6.11.03.

Exhibit P3 A TRUE COPY OF THE JUDGMENT IN W.A.NO.275/2010 DATED 13.1.2012.

Exhibit P4 A TRUE COPY OF THE G.O.(RT) NO.3304/2012/G.EDN. DATED 11.7.2012.

Exhibit P5 TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO.2049/2017 DATED 23.3.2017.

Exhibit P6 A TRUE COPY OF THE ORDER G.O.NO.H(4)/5017/2017/D.P.I. DATED 16.10.017.

Exhibit P7 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 15.12.2017.

Exhibit P8 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 15.4.2021.