N.Vasudevan vs The Additional Director Of ...
2021 Latest Caselaw 4311 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

                       WP(C).No.2758 OF 2021(T)


PETITIONER:

               N.VASUDEVAN
               AGED 49 YEARS
               S/O.C.P.NARAYANANKUTTY NAIR, NEELAMBARI, DEVI NAGAR,
               PIRAYARI P.O., PALAKKAD DISTRICT 678 019

               BY ADVS.
               SRI.T.SETHUMADHAVAN (SR.)
               SMT.PREETHI. P.V.
               SRI.M.V.BALAGOPAL

RESPONDENTS:

      1        THE ADDITIONAL DIRECTOR OF GENERAL EDUCATION
               JAGATHI P.O., THIRUVANANTHAPURAM 695 001.

      2        THE DISTRICT EDUCATIONAL OFFICER
               PALAKKAD, PIN 678 001.

      3        THE ASSISTANT EDUCATIONAL OFFICER
               VADAKKANCHERY, PALAKKAD, PIN 678 001.

      4        K.K.JAYARAJ MENON
               'MAKOM', GARDEN VILLAS, IRATTIYAL,
               MARUTHA ROAD P.O., PALAKKAD PIN 678 007.

      *ADDL. SECRETARY
       R5    GOVERNMENT OF KERALA, GENERAL EDUCATION DEPARTMENT,
               SECRETARIAT, THIRUVANANTHAPURAM-695001.

                    * IMPLEADED AS PER ORDER DATED
                    05.02.2021 IN I.A NO.2/21.


               T RAJASEKHARAN NAIR

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2758 OF 2021(T)

                                          2




                                   JUDGMENT

Dated this the 5th day of February 2021

This writ petition is filed seeking the following reliefs:

"i) Direct the 1st respondent to take up Ext.P4 and consider the same after notice to the petitioner within a time limit to be fixed by this Hon'ble Court.

ii) To direct the 4th respondent not to make any appointments in ALP School, Pazhayannur and Vocational Higher Secondary School, Eruthenpathy in Palakkad District coming within the jurisdiction of respondents 2 and 3."

2. Heard the learned senior counsel for the petitioner and the

learned Government Pleader as well as the learned counsel appearing for

the 4th respondent.

3. It is submitted by the learned senior counsel appearing for the

petitioner that Ext.P2 order has been issued by the 1 st respondent on

18.04.2020 approving the appointment of the 4th respondent as Manager.

The date of Ext.P2 was thereafter corrected as 18.11.2020. Against the

approval of appointment of the 4 th respondent, the petitioner has

submitted Ext.P6 revision petition before the Government and seeks a

consideration of the same with notice to all concerned. WP(C).No.2758 OF 2021(T)

4. Having heard the learned counsel appearing of all sides, I am of

the opinion that since Ext.P6 statutory revision petition preferred by the

petitioner is pending before the Government, it is for the Government to

take an appropriate decision on the same with notice to all concerned.

There will, accordingly, be a direction to the additional 5 th

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

petition filed by the petitioner before the Government with notice to the

petitioner as well as the 4th respondent and to pass orders thereon within

a period of two months from the date of receipt of a copy of this judgment.

It is made clear that the hearing can be conducted through any

appropriate means including video conferencing. The petitioner shall

produce a copy of Ext.P6 revision petition along with a copy of the

judgment before the Government for compliance. Any appointments made

in the meanwhile will be subject to the orders to be passed on Ext.P6.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.2758 OF 2021(T)

APPENDIX PETITIONER'S/S EXHIBITS:

  EXHIBIT P1               TRUE COPY OF THE MINUTES PREPARED BY THE
                           2ND RESPONDENT DATED 25.2.2020

  EXHIBIT P2               TRUE COPY OF THE ORDER NO.K
                           DIS/EM1/12470/DGE PASSED BY THE 1ST
                           RESPONDENT DATED 18.4.2020

  EXHIBIT P3               TRUE COPY OF THE POWER OF ATTORNEY
                           EXECUTED BY THE 4TH RESPONDENT DATED
                           26.2.2020

  EXHIBIT P4               TRUE COPY OF THE PETITION DATED
                           30.12.2020 FILED BY THE PETITIONER
                           BEFORE THE 1ST RESPONDENT.

  EXHIBIT P5               TRUE COPY OF THE POSTAL RECEIPT DATED
                           1.1.2021

  EXHIBIT P6               TRUE COPY OF THE REVISION PETITION FILED
                           BY THE PETITIONER DATED 30.12.2020.

  EXHIBIT P7               TRUE COPY OF THE POSTAL RECEIPT DATED
                           01.01.2021.