Citation : 2021 Latest Caselaw 2794 Ker
Judgement Date : 25 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942
WP(C).No.1865 OF 2021
PETITIONER:
BABU S
AGED 54 YEARS
S/O.SREDHARAN.K., MANJARI,
VADAKKUMPURAM P.O., VALANCHERRY,
MALAPPURAM-676 552.
BY ADVS.
SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
SRI.A.R.DILEEP
SRI.MANU SRINATH
SRI.RAJAN G. GEORGE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY,
DEPARTMENT OF GENERAL EDUCATION,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 DIRECTOR OF EDUCATION,
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHI, THIRUVANANTHAPURAM-695 014.
3 DISTRICT EDUCATION OFFICER, TIRUR,
NEAR MINI CIVIL STATION,
TIRUR, MALAPPURAM-676 101.
4 MANAGER, BROTHERS HIGHER SECONDARY SCHOOL,
MAVANDIYOOR, EDAYUR NORTH P.O.,
MALAPPURAM-676 552.
5 SMT.O.MINI,
MAMPIZHIKALAM, OPP.A.L.P.S. THOZHUVANUR,
THOZHUVANUR P.O., VALANCHERY,
MALAPPURAM-676 552.
OTHER PRESENT:
SR GP NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.1865 OF 2021
2
JUDGMENT
Dated this the 25th day of January 2021
This writ petition is filed seeking the
following reliefs:
"i) issue a writ in the nature of mandamus or any other writ order or direction directing the 1st respondent to consider and pass order on Ext.P9 within such time as may be fixed by this Honourable Court;
ii) issue a writ in the nature of mandamus or any other writ order or direction, directing the respondents 1 to 4 refrain from making appointment to the post of Headmistress in Brothers Higher Secondary School, Mavandiyoor, Edayur North P.O., Malappuram - 676 552 till Ext.P9 is considered and orders are passed thereupon;"
2. Heard the learned counsel for the
petitioner and the learned Government Pleader.
It is submitted by the learned counsel for the
petitioner that against the revision of
seniority by Ext.P2 proceedings, the petitioner
has preferred Ext.P9 revision before the
Government under Rule 92 Chapter XIV A, KER. It
is submitted that the same is liable to be
considered with notice to the petitioner as well
as the party respondents in Ext.P9. WP(C).No.1865 OF 2021
3. Having heard the learned Government
Pleader also and without expressing any view on
the merits of the matter, there will be a
direction to the 1st respondent to take up,
consider and pass orders on Ext.P9 Revision
Petition preferred by the petitioner with notice
to the petitioner, the Manager as well as the 5th
respondent.
Hearing can be conducted through any
appropriate means including video conferencing.
Orders shall be passed within a period of three
months from the date of receipt of a copy of the
judgment.
The writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE
Sn WP(C).No.1865 OF 2021
APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGES OF THE SENIORITY LIST AS ON 01.01.2015.
EXHIBIT P2 A TRUE COPY OF THE RELEVANT PAGES OF THE SENIORITY LIST AS ON 01.01.2018.
EXHIBIT P3 A TRUE COPY OF THE EXTRACT FROM THE SSLC BOOK.
EXHIBIT P4 A TRUE COPY OF THE DEGREE OF BACHELOR OF ARTS OF THE PETITIONER.
EXHIBIT P5 A TRUE COPY OF THE DEGREE OF BACHELOR OF EDUCATION.
EXHIBIT P6 A TRUE COPY OF THE CERTIFICATE DATED 29.10.2018 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION.
EXHIBIT P7 A TRUE COPY OF THE CERTIFICATE DATED 25.06.2020 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION.
EXHIBIT P8 A TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK.
EXHIBIT P9 A TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER.
EXHIBIT P10 A TRUE COPY OF POSTAL RECEIPT.
EXHIBIT P11 A TRUE COPY OF THE POSTAL TRACKING DETAILS.
RESPONDENT'S/S EXHIBITS: NIL
Sn
//TRUE COPY// PA TO JUDGE
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