Remi Jacob T vs State Of Kerala
2021 Latest Caselaw 17227 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
                         WP(C) NO. 16730 OF 2021
PETITIONER:
              REMI JACOB T.
              AGED 43 YEARS
              W/O. JOHNSON, RESIDING AT 'PUNNASSERY', THURAVOOR,
              ANGAMALI VAZHI, THURAVOOR, ERNAKULAM - 683572.

              BY ADV S.SUJIN


RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF
           GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 695
           001.

     2        DEPUTY DIRECTOR OF EDUCATION
              CIVIL STATION, KAKKANAD, ERNAKULAM - 682 030.

     3        THE DISTRICT EDUCATION OFFICER
              MINI CIVIL STATION, ANNEXE, PERIYAR NAGAR, ALUVA - 683
              101.

     4        ASSISTANT EDUCATION OFFICER
              ANGAMALY - 683 572.

     5        THE MANAGER
              ST. AUGUSTINE'S CORPORATE EDUCATIONAL AGENCY, THURAVOOR,
              ANGAMALY - 683 572.


OTHER PRESENT:
           SMT. PARVATHY KOTTOL-G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16730 OF 2021
                                      2

                               JUDGMENT

This writ petition is filed seeking the following relief:-

"(i) To issue a writ of mandamus directing the 1st respondent to consider and pass order on Exhibit P4 within a short time frame."

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 HSA (Social

Science) in the 5th respondent's school on 01.06.2017. It is

submitted that the appointment has been approved only with

effect from 16.02.2021. The petitioner has preferred Ext.P4

revision petition before the Government and seeks a

consideration of the same with notice to the Manager as well. It

is further submitted by the learned counsel for the petitioner

that Ext.P5 submitted by the Manager before the DEO has also

been rejected.

4. I am of the opinion that since the petitioner has WP(C) NO. 16730 OF 2021

approached the Government with Ext.P4 revision petition as

against the denial of approval from 01.06.2017 to 15.02.2021,

it is for the Government to take an appropriate decision

thereof.

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

respondent to take up, consider and pass orders on Ext.P4

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.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Bng/24.08.2021 WP(C) NO. 16730 OF 2021

APPENDIX OF WP(C) 16730/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT ON 24.10.2017.

Exhibit P2 TRUE COPY OF THE ORDER DATED 20.04.2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE ORDER OF APPROVAL OF THE APPOINTMENT OF MERLIN FROM 01.06.2017.

Exhibit P4 TRUE COPY OF THE REVISION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 29.04.2021.

Exhibit P5 TRUE COPY OF THE APPEAL PREFERRED BY THE 5TH RESPONDENT BEFORE THE 3RD RESPONDENT ON 29.04.2021.