Kerala High Court
P.Muralidharan vs State Of Kerala on 8 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
WP(C) NO. 13617 OF 2021
PETITIONER:
P.MURALIDHARAN
AGED 58 YEARS
S/O.CHANDRASEKHARAN NAIR,MANAGER,SABARI HIGHER SECONDARY
SCHOOL,PALLIKURUP,
PALAKKAD DISTRICT.
BY ADV GEORGE ABRAHAM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,GENERAL EDUCATION
DEPARTMENT,THIRUVANANTHAPURAM-695001.
2 DIRECTOR GENERAL OF EDUCATION
JAGATHY,THIRUVANANTHAPURAM-695014.
3 THE DEPUTY DIRECTOR OF EDUCATION
PALAKKAD-678001.
4 THE DISTRICT EDUCATIONAL OFFICER
MANNARKKAD,PALAKKAD-678582.
OTHER PRESENT:
SMT. NISHA BOSE- SR. G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13617 OF 2021
2
JUDGMENT
This writ petition is filed seeking the following reliefs:-
(i) Issue a writ of certiorari or any other appropriate writ,
order or direction, to quash Exhibits P-7, P-9, P-12, P-13, P-16,
P-17, P-21, P-23 and P-25 orders issued by the District
Educational Officer, Mannarkkad.
(ii) Issue a writ of Mandamus, or any other appropriate writ
order or direction, directing the respondents to approve the
appointment of teachers, appointed by the petitioner as
LPSA/UPSA from the academic year 2016-17 onwards.
(iii) Issue a writ of Mandamus, or any other appropriate writ
order or direction, directing the 2"° respondent to consider
Exhibit P-30, P-31, P-32, P-33, P-34 and P-35 statutory
revisions filed by the petitioner.
2. Heard the learned counsel for the petitioner and the
learned Government Pleader.
3. The petitioner, who is the Manager of an aided school,
submits that appointments had been made by the petitioner to the
post of LPSA/UPSA in the year 2016-2017. It is submitted that
though the appointments were forwarded for approval, the approval
was rejected by the impugned orders. It is submitted that the
pendency of W.P.(C) No.20043/2019 was a reason stated for non
approval of the appointment which is totally untenable. The
Manager has submitted Exts.P30 to P35 revision petitions under
WP(C) NO. 13617 OF 2021
Rule 8(A) Chapter XIV A KER as against the orders of rejection
before the 2nd respondent and seeks a consideration of the same.
4. Having heard the learned Government Pleader also, there
will be a direction to the 2 nd respondent to take up, consider and
pass orders on Exts.P30 to P35 revision petitions with notice to the
petitioner as well as the concerned teachers and to pass orders
thereon, after hearing them through any appropriate means
including video conferencing, within a period of two months from
the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
bng/09.07.2021
WP(C) NO. 13617 OF 2021
APPENDIX OF WP(C) 13617/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE STAFF FIXATION ORDER OF THE
ACADEMIC YEAR 2016-17 DATED 18/12/2017 PASSED
BY THE DISTRICT EDUCATIONAL
OFFICER,MANNARKKAD.
Exhibit P2 TRUE COPY OF THE STAFF FIXATION ORDER OF THE
ACADEMIC YEAR 2017-8 DATED 18/12/2017 PASSED
BY THE DISTRICT EDUCATIONAL OFFICER.
Exhibit P3 TRUE COPY OF THE REVISED STAFF FIXATION ORDER
ISSUED BY THE DISTRICT EDUCATIONAL OFFICER,
MANNARKKAD DATED 2/7/2019.
Exhibit P4 TRUE COPY OF THE STAFF FIXATION ORDER ISSUED
BY THE DISTRICT EDUCATIONAL OFFICER DATED
5/7/2019
Exhibit P5 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO
SMT.SARITHA.V.N,LPSA DATED 1/6/2016.
Exhibit P6 TRUE COPY OIF THE APPOINTMENT ORDER ISSUED TO
SMT.RESHMA R.NAIR,LPSA DATED 1/6/2016.
Exhibit P7 TRUE COPY OF THE ORDER PASSED BY THE DISTRICT
EDUCATIONAL OFFICER,MANNARKKAD DATED
16/4/2021,REJECTING THE APPROVAL OF
APPOINTMENT OF SMT.SARITHA.
Exhibit P8 TRUE COPY OF THE JUDGMENT IN
W.P(C)NO23581/2020 DATED 11-12-2020
Exhibit P9 TRUE COPY OF THE REJECTION ORDER ISSUED BY THE
DISTRICT EDUCATIONAL OFFICER,MANNARKKAD DATED
16/4/2021.
Exhibit P10 TRUE COPY OF THE APPLICATION ORDER ISSUED TO
SMT.KRISHNA THULSI.C.N.
WP(C) NO. 13617 OF 2021
Exhibit P11 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO
SMT.SAJNA KALLADI.
Exhibit P12 TRUE COPY OF THE ORDER PASSED BY THE DISTRICT
EDUCATIONAL OFFICER,MANNARKKAD DATED 16/42021
Exhibit P13 TRUE COPY OF THE ORDER PASSED BY THE DISTRICT
EDUCATIONAL OFFICER,MANNARKKAD DATED 16/4/2021
WITH RESPECT TO THE REJECTION OF SMT.SAJNA
KALLADI.
Exhibit P14 TRUE COPY OF THE APPOINTMENT ORDER ISSUED IN
FAVOUR OF SMT.RESHMI R.NAIR DATED 1/6/2017.
Exhibit P15 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO
SMT.SARITHA DATED 1/6/2017
Exhibit P16 TRUE COPY OF THE ORDER PASSED BY THE DISTRICT
EDUCATIONAL OFFICER MANNARKKAD DATED 17/4/2021
Exhibit P17 TRUE COPY OF THE ORDER ISSUED BY THE DISTRICT
EDUCATIONAL OFFICER MANNARKKAD DATED 16/4/2021
Exhibit P18 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY
THE MANAGER DATED 1/6/2017 WITH RESPECT TO
SMT.KRISHNA THULSI,UPSA.
Exhibit P19 TRUE COPY OF THE ORDER PASSED BY THE DISTRICT
EDUCATIONAL OFFICER,MANNARKKAD DATED 17/4/2021
Exhibit P20 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY
THE MANAGER DATED 1/1/2018 IN FAVOUR OF
SMT.KRISHNA THULSI.
Exhibit P21 TRUE COPY OF THE REJECTION ORDER OF KRISHNA
THULSI,DATED 17/4/2021 PASSED BY THE DISTRICT
EDUCATIONAL OFFICER,MANNARKKAD
Exhibit P22 TRUE COPY OF THE APPOINTMENT ORDER TO
SMT.K.BALAMANI DATED 1/1/2018.
WP(C) NO. 13617 OF 2021
Exhibit P23 TRUE COPY OF THE ORDER PASSED BY THE DISTRICT
EDUCATIONAL OFFICER,MANNARKKAD DATED 17/4/2021
Exhibit P24 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY
THE MANGER IN FAVOUR OF SMT.C.B.DIVYA DATED
1/6/2018.
Exhibit P25 TRUE COPY OF THE ORDER PASSED BY THE
D.E.O,MANNARKKAD DATED 24/4/2021.
Exhibit P26 TRUE COPY OF THE ORDER PASSED BY THE 2ND
RESPONDENT DATED 27/12/2018.
Exhibit P27 TRUE COPY OF THE JUDGMENT IN
W.P(C)NO.3015/2019 DATED 1/2/2019.
Exhibit P28 TRUE COPY OF THE INTERIM ORDER DATED
23/7/2019,IN WP(C)NO.20043/2019.
Exhibit P29 TRUE COPY OF THE INTERIM ORDER IN W.P.
(C)NO.24490/2019 DATED 19/2/2020.
Exhibit P30 TRUE COPY OF THE REVISION FILED BY THE MANAGER
AS AGAINST THE REJECTION OF APPROVAL OF
APPOINTMENT OF SMT.V.N.SARITHA DATED
21/6/2021.
Exhibit P31 TRUE COPY OF THE REVISION DATED 21/6/2021 AS
MANAGER,AGAINST THE REJECTION OF APPROVAL OF
SMT.RESHMI R.NAIR
Exhibit P32 TRUE COPY OF THE REVISION DATED 21/6/2021
FILED BY THE MANAGER AGAINST THE REJECTION OF
APPOINTMENT OF SMT.KRISHNA THULSI
Exhibit P33 TRUE COPY OF THE REVISION DATED 21.6.2021
FILED BY THE MANAGER AS AGAINST THE REJECTION
OF APPROVAL OF SMT.SAJNA.
Exhibit P34 TRUE COPY OF THE REVISION FILED BY THE MANAGER
DATED 21/06/2021 AGAINST THE REJECTION ORDER
OF APPROVAL OF APPOINTMENT OF SMT.K.BALAMANI.
WP(C) NO. 13617 OF 2021
Exhibit P35 TRUE COPY OF THE REVISION DATED
21/6/2021,FILED BY THE MANAGER AS AGAINST THE
ORDER OF REJECTION OF APPROVAL OF APPOINTMENT
OF SMT.C.B.DIVYA.
