Manager vs State Of Kerala
2021 Latest Caselaw 5382 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.3773 OF 2021(V)


PETITIONER:

               MANAGER,
               NADVATHUL ISLAM UPPER PRIMARY SCHOOL,
               P.O. NADVATH NAGAR,
               ALAPPUZHA DISTRICT-688 526

               BY ADV. SRI.P.M.PAREETH
RESPONDENTS:

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

      2        DIRECTOR GENERAL OF EDUCATION,
               JAGATHY, THIRUVANANTHAPURAM-695 014

      3        DISTRICT EDUCATIONAL OFFICER,
               CHERTHALA, ALAPPUZHA DISTRICT-688 524

      4        ASSISTANT EDUCATIONAL OFFICER,
               THURAVOOR, ALAPPUZHA DISTRICT-688 532


OTHER PRESENT:

               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:
 W.P.(C).No.3773/2021
                                    2



                              JUDGMENT

1. The writ petition is filed seeking the following reliefs:-

"1) A writ of certiorari or other appropriate writ, direction or order calling for the records leading to Exhibit P2 and quash the same.

2) A writ of mandamus or other appropriate writ, direction or order commanding the respondents to approve the appointment of Smt.Aneesa K.P as LPST w.e.f. 06.06.2019 as per Exhibit P1 appointment order issued by the petitioner within a time frame.

3) A direction to the second respondent to consider and pass orders on Exhibit P3 revision petition and Exhibit P4 application for condonation of delay, submitted by the petitioner within a time frame after hearing the petitioner."

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

Government Pleader.

3. It is submitted that the petitioner, who is the Manager of an

aided school has preferred Exhibit P3 revision petition under

Rule 8A of Chapter XIVA KER against the order of the AEO

refusing to approve the appointment of Smt.Aneesa K.P. as

LPST in the school. It is submitted that Exhibit P3 revision W.P.(C).No.3773/2021

has been filed along with Exhibit P4 application for

condonation of delay and the same are liable to be considered

in accordance with law.

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

be a direction to the 2 nd respondent to take up Exhibit P3

revision petition and Exhibit P4 application for condonation of

delay with notice to the petitioner as well as the concerned

teacher and after hearing them, within a period of two months

from the date of receipt of a copy of this judgment. It is made

clear that the hearing, as directed, can be conducted through

any appropriate means, including through video conferencing.

The writ petition is ordered accordingly.

Sd/-

Anu Sivaraman, Judge

sj W.P.(C).No.3773/2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE APPOINTMENT ORDER DATED 06.06.2019 IN RESPECT OF SMT. ANEESA K.P

EXHIBIT P2 A TRUE COPY OF THE ORDER NO.

C/2611/2020/KDS DATED 19.10.2020 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE REVISION DATED 02.02.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT IN RESPECT OF SMT. ANEESA K.P.

EXHIBIT P4 A TRUE COPY OF THE APPLICATION DATED 02.02.2021 FOR CONDONATION OF DELAY SUBMITTED BEFORE THE 2ND RESPONDENT IN RESPECT OF SMT. ANEESA K.P.

True copy

PS to Judge