Muhammed Shameem N vs State Of Kerala
2021 Latest Caselaw 16966 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. 16569 OF 2021
PETITIONER:

          MUHAMMED SHAMEEM N
          AGED 36 YEARS
          M M L P SCHOOL, PUTHUR EAST, ARAKKUPARAMBA P.O,
          PERINTHALMANNA, MALAPPURAM DISTRICT-679341.

          BY ADV POOVAMULLE PARAMBIL ABDULKAREEM


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695001.

    2     DIRECTOR OF GENERAL EDUCATION
          JAGATHY, THIRUVANANTHAPURAM-695014.

    3     DEPUTY DIRECTOR OF EDUCATION
          OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
          KOTTAPPADY DOWN HILL, MALAPPURAM-676519.

    4     DISTRICT EDUCATIONAL OFFICER
          OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
          UP HILL, MALAPPURAM-676505.

    5     ASSISTANT EDUCATIONAL OFFICER
          OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
          PERINTHALMANNA P.O, KOZHIKODE DISTRICT-679322.

    6     MANAGER
          M M L P SCHOOL, PUTHUR EAST, ARAKKUPARAMBA P.O,
          PERINTHALMANNA, MALAPPURAM DISTRICT-679341.

          SRI. BIJOY CHANDRAN-SR.G.P.


     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. 16569 OF 2021

                                           2




                                   JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) To issue a writ of mandamus or any other appropriate writ or order or direction directing the 1st respondent to consider and pass final orders on Exts.P16 revision petition dated 24/06/2021 as expeditiously as possible with deeming provision

(ii) To issue a writ of certiorari to quash Exts.P2, P4, P8, P9 and P10 and to the extent of denial of approval in Ext.P1 & P7 as it is illegal and unjustifiable.

(iii) To issue a writ of mandamus or any other appropriate writ or order or direction directing the 5 th respondent to approve the appointment of the petitioner as LPSA from 02/07/2007 to 31/05/2011, and to disburse all consequential monitory benefits due to him forthwith.

(iv) To declare that the petitioner is entitled to get approval to his respective post in the light of Ext.P13 judgment and Ext.P15 order."

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 was appointed as LPSA in the 6th respondent's school by Ext.P1

order. It is submitted that the appointment was rejected on the ground

of ban of appointments. The petitioner's appointment was approved WP(C) NO. 16569 OF 2021

from 01.06.2011 onwards. Seeking approval from the initial date of

appointment, the petitioner has now preferred Ext.P16 revision petition

before the Government. It is submitted that the teacher in whose

vacancy, the petitioner was appointed has also been granted approval by

Ext.P14 Government Order and Ext.P15 resultant order passed by the

AEO. It is submitted that the revision petition preferred by the petitioner

may therefore be considered, taking note of Exts.P14 and P15 as well.

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

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

Ext.P16 revision petition preferred by the petitioner, taking note of

Exts.P14 and P15 as well, 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.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 16569 OF 2021

APPENDIX OF WP(C) 16569/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 02.07.2007 ISSUED BY THE 6TH RESPONDENT.

Exhibit P2 TRUE COPY OF THE ORDER NO.K..DIS.B/2221/07 DATED 01.11.2007 ISSUED BY THE 5TH RESPONDENT

Exhibit P3 TRUE COPY OF THE ORDER NO.K.DIS/B3/36372/06 DATED 31.01.2007 ISSUED BY THE 3RD RESPONDENT

Exhibit P4 TRUE COPY OF THE ORDER NO.D.DIS/19216/07/ RA(3)/DPI DATED 08/08/2007 ISSUED BY THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE STAFF FIXATION ORDER NO.D.DIS.B/830/2010 DATED 08.03.2010, FOR THE YEAR 2007-08 ISSUED BY THE 5TH RESPONDENT.

Exhibit P6 TRUE COPY OF THE ORDER NO.G2/27652/2010/DPI/ L.DIS (33) DATED 14/10/2010 ISSUED BY THE 2ND RESPONDENT.

Exhibit P7 TRUE COPY OF THE APPOINTMENT ORDER DATED 01.11.2008 ISSUED BY THE 6TH RESPONDENT.

Exhibit P8 TRUE COPY OF THE ORDER NO.K.DIS B/4587/08 DATED 24.12.2008 ISSUED BY THE 5TH RESPONDENT

Exhibit P9 TRUE COPY OF THE ORDER NO.K.DIS/B1/111/09 DATED 25/07/2009 ISSUED BY THE 4TH RESPONDENT

Exhibit P10 TRUE COPY OF THE ORDER NO.G2/27581/DPI/K.DIS DATED 08/10/2010 ISSUED BY THE 4TH RESPONDENT

Exhibit P11 TRUE COPY OF THE LETTER NO.60930/J2/G.EDN DATED 25/10/2011 ISSUED BY THE 1ST RESPONDENT

Exhibit P12 TRUE COPY OF THE ORDER NO.K.DIS B/4304/2011 DATED 19/12/2011 ISSUED BY THE 5TH RESPONDENT

Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 26/07/2017 IN W.A.NO.2592/2015 ISSUED BY THIS HON'BLE COURT WP(C) NO. 16569 OF 2021

Exhibit P14 TRUE COPY OF THE G.O(RT)NO.2821/2021/G.EDN DATED 20.05.2021 ISSUED BY THE 1ST RESPONDENT

Exhibit P15 TRUE COPY OF THE CONSEQUENTIAL ORDER NO,B/12835/2021 DATED 13.07.2021 ISSUED BY THE 5TH RESPONDENT.

Exhibit P16 TRUE COPY OF THE REVISION PETITION DATED 24.06.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL