Vishnu S vs The Secretary To Government
2021 Latest Caselaw 17551 Ker

WP(C) NO. 17246 OF 2021        1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
                    WP(C) NO. 17246 OF 2021
PETITIONER/S:

          VISHNU S,
          AGED 28 YEARS,
          U.P.S.T., THRIKKOTTUR A.U.P.SCHOOL, SREENILAYAM,
          PALLIKKARA P.O., KOZHIKODE-673529.

          BY ADVS.
          ABRAHAM MATHEW (VETTOOR)
          ANIL ABEY JOSE




RESPONDENT/S:



    1     THE SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM-695014.

    2     DIRECTOR OF GENERAL EDUCATION,
          JAGATHI, THIRUVANANTHAPURAM-695014.

    3     DISTRICT EDUCATION OFFICER,
          VADAKARA P.O., VADAKARA, KOZHIKODE-673101.

    4     ASSISTANT EDUCATIONAL OFFICER,
          MELADI, PAYYOLI P.O., KOZHIKODE-673523.

    5     MANAGER,
          THRIKKOTTUR A.U.P. SCHOOL, THIKKODI P.O., KOZHIKODE-
          673529.

    6     SHYBA N.K.,
          U.P.S.T., THRIKKOTTUR A.U.P. SCHOOL, THIKKODI P.O.,
          KOZHIKODE-673529.
 WP(C) NO. 17246 OF 2021           2



     7       ANAGHA G.,
             L.P.S.T., THRIKKOTTUR A.U.P.SCHOOL, THIKKODI P.O.,
             KOZHIKODE-673529.




             SMT NISHA BOSE, SR GOVERNMENT PLEADER




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   26.08.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 17246 OF 2021                    3



                                       JUDGMENT

This writ petition is filed by the petitioner seeking the following relief:

"i). Issue a writ of mandamus or any other appropriate writ, direction

or order, commanding the 1st respondent to duly consider Exhibit-P9

revision made by the petitioner within a time frame that may be fixed

by this Hon'ble Court."

2. I have heard Sri.Abraham Mathew, the learned counsel appearing

for the petitioner and Smt.Nisha Bose, the learned Senior Government

Pleader. In view of the limited nature of the relief sought for by the

petitioner, notice to the party respondents are dispensed with.

3. After having carefully evaluated the contentions raised in this writ

petition, the submissions made across the Bar and the facts and

circumstances, I am of the view that this writ petition can be disposed of by

issuing the following directions:

a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Exhibit-P9 revision petition, after affording an opportunity of being heard, either physically or virtually, to the petitioner as well as the party respondents or such other affected parties.

b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of three months from the date of production of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.

The writ petition is disposed of.

SD/-

RAJA VIJAYARAGHAVAN V JUDGE DSV

APPENDIX OF WP(C) 17246/2021 PETITIONER(S) EXHIBITS

Exhibit P1 A TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 14.06.2016.

Exhibit P2 A TRUE COPY OF THE ORDER OF APPOINTMENT IN FAVOUR OF THE 6TH RESPONDENT DATED 14.06.2016.

Exhibit P3 A TRUE COPY OF THE ORDER OF APPOINTMENT DATED 14.06.2014 IN FAVOUR OF THE 7TH RESPONDENT.

Exhibit P4 A TRUE COPY OF THE PROCEEDING NO.K.DIS.D/2256/2017 OF THE 4TH RESPONDENT REJECTING APPOINTMENT OF THE PETITIONER DATED 13.03.2018.

Exhibit P5 A TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT REJECTING THE APPEAL AS PER HIS PROCEEDING NO.K.DIS.D5/3441/18 DATED 29.12.2018.

Exhibit P6 A TRUE COPY OF THE REPRESENTATION MADE BY PETITIONER AND OTHERS TO THE 2ND RESPONDENT SEEKING APPROVAL OF THEIR APPOINTMENTS DATED 15.02.2019.

Exhibit P7 A TRUE COPY OF PROCEEDING NO.G3/2010/19DGEKDIS OF 2ND RESPONDENT DIRECTING THE 4TH RESPONDENT TO APPROVE THE APPOINTMENT OF PETITIONER AND ANOTHER DATED 04.12.2019.

Exhibit P8 A TRUE COPY OF ORDER PASSED BY THE 4TH RESPONDENT AS PER PROCEEDING NO.D/17770/2019 DATED 29.09.2020.

Exhibit P9 A TRUE COPY OF REVISION PETITION FILED BY THE PETITIONER CHALLENGING EXT.P8 ORDER BEFORE THE 1ST RESPONDENT DATED 10.12.2019.

RESPONDENT(S) EXHIBITS : NIL