M.T.Madhu vs The State Of Kerala
2021 Latest Caselaw 2247 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942

                       WP(C).No.1579 OF 2021(V)


PETITIONER:

               M.T.MADHU
               AGED 54 YEARS
               SON OF N. THAMBI, MANAGER, SNM HIGHER SECONDARY
               SCHOOL, P.O.PURACKADU, ALAPPUZHA DISTRICT-690 551
               (RESIDING AT MAMPALAYIL, KAROOR, AMBALAPUZHA,
               ALAPPUZHA DISTRICT-690 551)

               BY ADVS.
               SRI.V.A.MUHAMMED
               SRI.V.RAJASEKHARAN NAIR

RESPONDENTS:

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

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

      3        THE DEPUTY DIRECTOR OF EDUCATION,
               ALAPPUZHA-688 001.

      4        THE DISTRICT EDUCATIONAL OFFICER,
               ALAPPUZHA-688 011.

      5        SMT. S.DIVYA,
               HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE), S N M
               HIGHER SECONDARY SCHOOL, P.O.PURACKADU, ALAPPUZHA
               DISTRICT-690 551.


OTHER PRESENT:

               SR GP NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1579 OF 2021(V)

                                      2

                               JUDGMENT

This writ petition is filed seeking the following reliefs:-

"i) call for the records relating to Exhibits P2, P3, P4 and P9 and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.

ii) declare that the appointment of the 5th respondent Smt. Divya as High School Assistant (PS) from 01.06.2016 is legally valid and sustainable.

iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 4th respondent DEO, Alappuzha to grant approval to the appointment of Smt.Divya as High School Assistant (PS) from 01.06.2016 against the additional post of HSA (PS) sanctioned as per Exhibit P6 staff fixation order forthwith.

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 P11 after hearing the petitioner within a 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 as against Ext.P9 order, the petitioner has submitted

Ext.P11 revision petition before the Government. WP(C).No.1579 OF 2021(V)

4. The learned Government Pleader submits that Ext.P5

revision petition had earlier been submitted by the petitioner

before the 1st respondent, but no orders have been passed

thereon.

5. The learned counsel for the petitioner submits that it

is in the changed circumstances that the petitioner has

preferred Ext.P11 revision petition challenging Ext.P9 order.

6. In the above view of the matter, there will be a

direction to the 1st respondent to take up, consider and pass

orders on Ext.P11 revision petition preferred by the petitioner

with notice to the petitioner and the 5th respondent 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/21.01.2021 WP(C).No.1579 OF 2021(V)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE 5TH RESPONDENT DATED 1.6.2016

EXHIBIT P2 TRUE COPY OF THE LETTER NO B1/3034/16/K.DS DATED 28.1.2017 OF THE DEO

EXHIBIT P3 TRUE COPY OF THE ORDER NO B2/4215/2017/K.DIS DATED 5.6.2017 OF THE DDE

EXHIBIT P4 TRUE COPY OF THE ORDER NO EC1/72243/17/DPI/K.DIS DATED 7.12.2017 OF THE ADDITIONAL DIRECTOR

EXHIBIT P5 TRUE COPY OF THE REVISION FILED BEFORE THE GOVERNMENT BY THE MANAGER DATED 8.1.2018

EXHIBIT P6 TRUE COPY OF THE CIRCULAR NO J2/57/2018/G.EDN DATED 8.3.2019 OF THE GOVERNMENT

EXHIBIT P7 TRUE COPY OF THE LETTER OF THE MANAGER DATED 4.6.2020

EXHIBIT P8 TRUE COPY OF THE UNDERTAKING OF THE MANAGER DATED 4.6.2020

EXHIBIT P9 TRUE COPY OF THE ORDER NO B1/17825/2020 DATED 30.12.2020 OF THE DEO

EXHIBIT P10 TRUE COPY OF THE STAFF FIXATION ORDER 2016-2017 DATED 8.12.2017 OF THE DEO

EXHIBIT P11 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT BY THE PETITIONER DATED 8.1.2021

EXHIBIT P12 TRUE COPY OF THE SET CERTIFICATE OF ORDER DATED 30.11.2016