Sani S vs State Of Kerala
2021 Latest Caselaw 15509 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
                       WP(C) NO. 9487 OF 2021
PETITIONER:

          SANI S
          AGED 37 YEARS
          S/O SUNDARESAN,
          ANDIKUDI VEEDU, NEDUMANGADU, THIRUVANANTHAPURAM-
          695541.

          BY ADVS.
          M.BALAGOVINDAN
          SRI.A.ANOOP



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT,
          THIRUVANANTHAPURAM-695036.

    2     SECRETARY TO GOVERNMENT (CORRECTED )
          HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM-695036.
          *CORRECTED AS
          SECRETARY TO GOVERNMENT, GENERAL EDUCATION
          DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 036.
          AS PER ORDER DATED 23.7.21 IN IA 1/21 IN W.P.(C).

    3     THE MANAGER
          PRABODHINI U. P. SCHOOL,
          VAKKOM, THIRUVANANTHAPURAM-695144.

    4     ASSISTANT EDUCATIONAL OFFICER
          OFFICE OF THE A.E.O. VARKALA, THIRUVANANTHAPURAM-
          695141.

          SRI. P.M.MANOJ - SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9487 OF 2021             2

                             JUDGMENT

Even though various allegations and assertions

have been made in this writ petition, when it was

called today, the learned counsel for the

petitioner Shri.P.V.Jayachandran, representing

Shri.M. Balagovindan, confined his plea that Ext.P6

representation of the petitioner be directed to be

taken up and disposed of by the competent

respondent, within a time frame to be fixed by this

Court.

2. Shri.P.V.Jayachandran submitted that his

client is confining the plea as afore for the time

being, because he is confident that if Ext.P6 is

properly considered, he will obtain relief -

having a valid right under Rule 51A Chapter XIVA of

the Kerala Education Rules.

3. The learned Senior Government Pleader,

Shri.P.M.Manoj, appearing for the official

respondents, submitted that if the petitioner only

requires Ext.P6 to be taken up and disposed of as

per law, there does not appear to be any legal

impediment in the competent respondent doing so;

but prayed that this Court may not make any

affirmative declarations as to the entitlement of

the petitioner to any relief and leave it to be

decided by the competent Authority, in terms of

law.

Taking note of the afore, I allow this writ

petition to the limited extent of directing the

competent Secretary of the Government to take up

Ext.P6 representation and dispose of the same,

after affording an opportunity of being heard to

the petitioner as also the Manager of the School -

either physically or through video conferencing -

thus culminating in an appropriate order thereon,

as expeditiously as is possible, but not later than

four months from the date of receipt of a copy of

this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC

APPENDIX OF WP(C) 9487/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ORDER OF APPOINTMENT ISSUED BY THE MANAGER, PRABODHINI SCHOOL, VAKKOM DATED 15.11.2008.

EXHIBIT P2 TRUE COPIES OF THE ATTENDANCE REGISTER FROM 2008-09 TO 2009-10.

EXHIBIT P3 TRUE COPY OF THE COMMUNICATION ISSUED BY THE HEADMISTRESS OF THE SCHOOL TO THE PRESIDENT, LIONS CLUB INTERNATIONAL REGION V VAKKOM DATED 22/09/2010.

EXHIBIT P4 TRUE COPY OF THE DUTY CERTIFICATE ISSUED BY THE BLOCK RESOURCE OFFICER, ATTINGAL FROM 2/7/2009 TO 4/7/2009.

EXHIBIT P5 TRUE COPY OF THE DUTY CERTIFICATE ISSUED BY THE PRINCIPAL S.N.COLLEGE DATED 31.05.2011.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION TO THE 4TH RESPONDENT DATED 13/04/2018.