Kerala High Court
The Manager vs State Of Kerala on 25 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942
WP(C).No.6830 OF 2011(C)
PETITIONER:
THE MANAGER, S N V U P SCHOOL
TALIKULAM, THRISSUR DISTRICT.
BY ADV. SRI.V.A.MUHAMMED
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION, DEPARTMENT, GOVERNMENT
SECRETARIAT,, THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF PUBLIC INSTRUCTION
JAGATHY, THIRUVANANTHAPURAM-695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION
AYYANTHOLE, THRISSUR-680 003.
4 THE DISTRICT EDUCATIONAL OFFICER
CHAVAKKAD, THRISSUR DISTRICT-680 506.
5 THE ASSISTANT EDUCATIONAL OFFICER
VALAPPAD, THRISSUR DISTRICT-680 567.
R1 BY GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.6830 OF 2011 2
JUDGMENT
This matter has been pending on the
files of this Court for the last more than 9
years and I notice that on 04/03/2011, the
following interim order had been issued:-
"Admit. Urgent Notice.
Learned counsel for the petitioner submitted that
the Manager has already produced a bond as
evidenced by Ext.P7. Therefore, the fifth
respondent is directed to take a decision with
regard to the approval of appointment within a
period of one month after notice to the
petitioner - Manager."
2. Thereafter, when this matter was
listed on 22/06/2012, the learned Government
Pleader was directed to ascertain and submit
whether Ext.P3 Appeal is still pending before
the Deputy Director of Education, Thrissur.
3. Today, when this matter was called,
the learned Government Pleader submitted that
though he does not have specific instructions
as to whether the Appeal has been disposed
of, it is most likely that it has been done
on account of the afore extracted interim
order. He, therefore, prayed that this writ
petition be closed.
4. The learned counsel for the
petitioner, however, was unable to inform
this Court about the developments in this
case and, in fact, he sought time to obtain
further instructions from his client.
5. I am, however, of the view that this
case need not remain on the files of this
Court any longer because of the nature of the
reliefs sought for.
In the afore circumstances, I order this
writ petition and direct the 3rd respondent -
Deputy Director of Education to take up
Ext.P3 Appeal, if it is still pending before
him and dispose of the same, after affording
an opportunity of being heard to the
petitioner and the teachers concerned -
either physically or through video
conferencing - thus culminating in an
appropriate order thereon, adverting to the
afore extracted interim order, as
expeditiously as is possible, but not later
than two months from the date of receipt of a
copy of this judgment.
If, on the other hand, Ext.P3 has
already been disposed of, a copy of the order
thereon shall be forwarded to the petitioner
by Registered Post (Acknowledgment Due) in
the address shown in this writ petition,
within a period of one month from the date of
receipt of a copy of this judgment, so as to
enable him to take further action thereon as
per law.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/30.1.2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER NO.SC-93/08-09/KKD
OF THE DIRECTOR OF PUBLIC INSTRUCTION.
EXHIBIT P2 TRUE COPY OF THE STAFF FIXATION ORDER 2009-
EXHIBIT P3 TRUE COPY OF THE APPEAL FILED BEFORE THE
3RD RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE REPORT OF THE
SUPERINTENDENT OF POLICE.
EXHIBIT P5 TRUE COPY OF THE STAFF FIXATION ORDER 2010-
EXHIBIT P6 TRUE COPY OF THE G.O.(P) NO.10/10/G.EDN. OF
THE GOVERNMENT.
EXHIBIT P7 TRUE COPY OF THE DECLARATION OF THE
MANAGER.
EXHIBIT P8 TRUE COPY OF THE LETTER
NO.62634/J2/G.EDN.OF THE GOVERNMENT.
EXHIBIT P9 TRUE COPY OF THE INTERIM ORDER OF THIS
HON'BLE COURT IN W.P.(C)NO.28092/2010.
EXHIBIT P10 TRUE COPY OF THE INTERIM ORDER OF THIS
HON'BLE COURT IN W.P.(C)NO.537/2011.
