B.Manikuttan vs The State Of Kerala
2021 Latest Caselaw 5380 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

                         WP(C).No.3883 OF 2021


PETITIONER:

               B.MANIKUTTAN,
               AGED 33 YEARS
               SON OF K.BALAKRISHNA PILLAI, FULL TIME MENIAL,
               MULAMANA VOCATIONAL HIGHER SECONDARY SCHOOL,
               ANAKUDY, THIRUVANANTHAPURAM-695 606

               BY ADVS.
               SRI.V.A.MUHAMMED
               SRI.M.SAJJAD

RESPONDENTS:

      1        THE STATE OF KERALA,
               REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
               GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM-695 001

      2        THE DEPUTY DIRECTOR OF EDUCATION,
               THIRUVANANTHAPURAM-695 036

      3        THE DISTRICT EDUCATIONAL OFFICER,
               ATTINGAL, THIRUVANANTHAPURAM-695 101

      4        THE MANAGER,
               MULAMANA VOCATIONAL HIGHER SECONDARY SCHOOL,
               ANAKUDY, THIRUVANANTHAPURAM-695 606

      5        THE PRINCIPAL,
               MULAMANA VOCATIONAL HIGHER SECONDARY SCHOOL,
               ANAKUDY, THIRUVANANTHAPURAM-695 606

               SR GP, NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3883 OF 2021

                                          2



                                  JUDGMENT

Dated this the 15th day of February 2021

This writ petition is filed seeking the following reliefs :-

"i) call for the records relating to Exhibit P-4 and set aside the original of the same by the issue of a writ of certiorari or other appropriate writ or order.

ii) call for the records relating to Exhibit P-6 and set aside the original of the same to the extent of declining approval to the Petitioner by the issue of a writ of certiorari or other appropriate writ or order.

iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 3rd Respondent to approve the appointment covered in Exhibit P-1.

iv) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondent to consider and pass appropriate orders upon Exhibit P-7 after affording an opportunity of being heard to the Petitioner within a time limit."

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

seeking approval of the petitioner's appointment as Full Time Menial

from 01.06.2020, the petitioner has approached the Government with

Ext.P7 revision petition, which is liable to be considered in accordance WP(C).No.3883 OF 2021

with law.

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

take up, consider and pass orders on Ext.P7 revision petition preferred

by the petitioner, with notice to the petitioner as well as respondents

4 and 5 and after hearing them through any appropriate means

including by video conferencing, within a period of three months from

the date of receipt of a copy of this judgment. In case the revision is

decided in favour of the petitioner, the monetary benefits shall also be

released to the petitioner within a period of three months thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.3883 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2020

EXHIBIT P2 TRUE COPY OF THE G.O(P) NO.3/2019/G.EDN DATED 28.02.2019 OF THE GOVERNMENT

EXHIBIT P3 TRUE COPY OF THE CIRCULAR NO.J2/57/2019/G.EDN DATED 08.03.2019 OF THE GOVERNMENT

EXHIBIT P4 TRUE COPY OF THE ORDER OF THE DEO,VIDE ORDER NO.18476/2020 DATED 25.09.2020

EXHIBIT P5 TRUE COPY OF THE APPEAL MOVED BY THE MANAGER BEFORE THE DDE DATED 02.11.2020

EXHIBIT P6 TRUE COPY OF THE ORDER NOB4/212881/2020 DATED 30.01.2021 OF THE DDE

EXHIBIT P7 TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE GOVERNMENT DATED 07.02.2021

EXHIBIT P8 TRUE COPY OF THE G.O(P) NO.4/2021/G.EDN DATED 06.02.201 OF THE GOVERNMENT

RESPONDENT'S/S EXHIBITS: NIL