M.K.Shabeerali vs State Of Kerala
2021 Latest Caselaw 925 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

                     WP(C).No.625 OF 2021


PETITIONER :-

            M.K.SHABEERALI,
            ARABIC TEACHER (FULL TIME),
            A.M.L.P.SCHOOL KACHINIKKAD,
            MAKKARAPARAMBA P.O., MALAPPURAM - 676 507.

            BY ADVS.
            SRI.S.M.PREM
            SRI.H.NARAYANAN

RESPONDENTS :-

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

      2     DIRECTOR OF GENERAL EDUCATION,
            JAGATHY, THYCAUD P.O.,
            THIRUVANANTHAPURAM - 695 014.

      3     DISTRICT EDUCATIONAL OFFICER,
            B2 BLOCK, CIVIL STATION, MALAPPURAM - 676 505.

      4     ASSISTANT EDUCATIONAL OFFICER,
            MANKADA, MALAPPURAM - 679 324.

      5     MANAGER,
            A.M.L.P.SCHOOL KACHINIKKAD,
            MAKKARAPARAMBA P.O., MALAPPURAM - 676 507.

            BY SMT.NISHA BOSE, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.625 OF 2021

                                      -: 2 :-


                                     JUDGMENT

Dated this the 11th day of January 2021

This writ petition is filed seeking the following relief :-

"issue a writ of mandamus or such other writ, direction or order compelling the 3rd respondent - DEO to order approval of appointment of the petitioner as Full Time Arabic Teacher in A.M.L.P. School Kachinikkad with effect from 10-09-2018 in view of the law declared by this Honourable Court in Exhibits P4, P5 and P6 judgments and to disburse the salary due to the petitioner for the period during which he has been working in the School, within a time limit to be fixed."

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

challenging the rejection of approval to the appointment of the

petitioner, the Manager has approached the 3 rd respondent with Ext.P3

appeal. It is submitted that though Ext.P3 was received on 7.10.2020,

no orders have been passed thereon.

In the above view of the matter, there will be a direction to

the 3rd respondent to take up, consider and pass orders on Ext.P3 appeal

submitted by the 5th respondent, taking note of Exts.P4 to P6 judgments

as well. Orders shall be passed within a period of one month from the

date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Jvt/11.1.2021 WP(C).No.625 OF 2021

APPENDIX

PETITIONER'S EXHIBITS :-

EXT.P1 :- TRUE COPY OF THE APPOINTMENT ORDER DATED 10-09-2018 ISSUED BY THE 5TH RESPONDENT - MANAGER APPOINTING THE PETITIONER AS ARABIC TEACHER.

EXT.P2 :- TRUE COPY OF ORDER No.C/5288/2018 DATED 20-03-2020 PASSED BY THE 4TH RESPONDENT - AEO DECLINING APPROVAL OF APPOINTMENT OF THE PETITIONER AS ARABIC TEACHER WITH EFFECT FROM 10-09-2018.

EXT.P3 :- TRUE COPY OF THE APPEAL SUBMITTED BY THE 5TH RESPONDENT

- MANAGER ON 07-10-2020 BEFORE THE 3RD RESPONDENT - DEO AGAINST EXHIBIT P2.

EXT.P4 :- TRUE COPY OF JUDGMENT DATED 25-07-2017 PASSED IN W.A.No.2290 OF 2015.

EXT.P5 :- TRUE COPY OF JUDGMENT DATED 04-08-2011 PASSED IN W.P. (C)No.28577 OF 2008.

EXT.P6 :- TRUE COPY OF JUDGMENT DATED 09-02-2013 PASSED IN W.A.No.178 OF 2012, WHICH IS REPORTED IN 2013 (2) KLT 88.

RESPONDENT'S EXHIBITS :- NIL

//TRUE COPY//

P.A. TO JUDGE