Shyamly Das vs The State Of Kerala
2021 Latest Caselaw 14263 Ker

WP(C) NO. 12437 OF 2021

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                  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. 12437 OF 2021
PETITIONER:

              SHYAMLY DAS
              AGED 30 YEARS
              D/O. E.M. SIVADASAN NAIR, HSST (CHEMISTRY),
              DURGA HIGHER SECONDARY SCHOOL, KANHANGAD,
              KASARAGOD DISTRICT, R/AT MADATHIL HOUSE,
              POST PARAPPA, KINANOOR KARINTHALAM VILLAGE,
              VELLARIKKUND TALUK, KASARAGOD DISTRICT-671 533.

              BY ADVS.
              A.ARUNKUMAR
              S.SHYAM KUMAR


RESPONDENTS:

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

      2       THE DIRECTOR OF GENERAL EDUCATION,
              HIGHER SECONDARY SECTION, THIRUVANANTHAPURAM-695 001

      3       REGIONAL DEPUTY DIRECTOR,
              HIGEHR SECONDARY EDUCATION, PAYYAMBALAM, KANNUR-670 003.

      4       THE MANAGER,
              AIDED DURGA HIGHER SECONDARY SCHOOL, KANHANGAD,
              KANHANGAD P.O, HOSDURG TALUK, KASARAGOD DISTRICT, 671 315.

              SMT.NISHA BOSE, SR. GP

     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. 12437 OF 2021

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                                     JUDGMENT

This writ petition is filed seeking the following prayer:

"(i) issue a writ of mandamus order or direction directing the 2 nd respondent to consider and dispose of Exhibit P3 Appeal pending before him within a period of one month after giving an opportunity of personal hearing to all the affected parties including the petitioner or his authorized representative"

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 the

petitioner was appointed as Higher Secondary School Teacher in Chemistry in

a retirement vacancy with effect from 30.06.2019. Approval was rejected by

Ext.P2 order. Against the same, the 4 th respondent manager has approached

the 2nd respondent with Ext.P3 appeal. The learned counsel for the petitioner

submits that the petitioner is continuing without salary and that orders may

be directed to be passed on Ext.P3.

4. Having heard the learned Government Pleader also, I am of the opinion

that the request made by the manager in Ext.P3 is liable to be considered in

accordance with law. There will, accordingly, be a direction to the 2 nd WP(C) NO. 12437 OF 2021

respondent to take up, consider and pass orders on Ext.P3 preferred by the

manager, with notice to the petitioner as well as the manager and 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 NP WP(C) NO. 12437 OF 2021

APPENDIX OF WP(C) 12437/2021 PETITIONER'S/S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE APPOINTMENT ORDER DATED 08.07.2019 OF THE PETITIONER.

Exhibit P2 A TRUE COPY OF THE ORDER NO. A9/6103/2019 DATED 10.07.2020 ISSUED BY THE HIGHER SECONDARY REGIONAL DEPUTY DIRECTOR, KANNUR.

Exhibit P3 A TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BEFORE THE DIRECTOR OF GENERAL EDUCATION, HIGHER SECONDARY SECTION, THIRUVANANTHAPURAM DATED 27.08.2020.

RESPONDENT'S/S EXHIBITS: NIL