Abdulla Meethale ... vs The Manager
2021 Latest Caselaw 15804 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                      WP(C) NO. 14365 OF 2021
PETITIONER :-

            ABDULLA MEETHALE MUTHANKANDI @ M.K ABDULLA
            AGED 50 YEARS, S/O.ASSAN, OFFICE ATTENDANT,
            KUNJALI MARAKKAR HIGHER SECONDARY SCHOOL,
            KOTTACKAL.P.O, IRINGAL, KOZHIKODE-673 521.

            BY ADVS.
            ABRAHAM MATHEW (VETTOOR)
            ANIL ABEY JOSE


RESPONDENTS :-

    1       THE MANAGER
            KUNJALI MARAKKAR HIGHER SECONDARY SCHOOL,
            KOTTACKAL.P.O, IRINGAL, KOZHIKODE-673 521.

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

    3       DISTRICT EDUCATIONAL OFFICER
            VADAKARA, KOZHIKODE-673 101.

    4       DEPUTY DIRECTOR OF EDUCATION
            KOZHIKODE-673 001.

    5       SMT.R.RESMI,
            H.S.A.HINDI, KUNJALI MARAKAR HIGHER SECONDARY SCHOOL,
            KOTTACKAL.P.O, IRINGAL, KOZHIKODE-673 521.

            SRI. BIJOY CHANDRAN, SR.G.P

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14365 OF 2021

                                   -: 2 :-


                               JUDGMENT

Dated this the 30th day of July, 2021

This writ petition is filed seeking the following reliefs :-

"i) Issue a writ of mandamus or any other appropriate writ, direction or order, directing the 2nd respondent to consider Ext.P14 statutory appeal pending before that authority and dispose of the same within a time frame that may be stipulated by this Hon'ble Court.

ii) Alternatively, to quash Ext.P13 and P11 orders respectively passed by the 4th respondent and 3rd respondent and direct the 3rd respondent to consider the eligibility of the petitioner to be appointed to the post of HSA, Hindi in the Kunjali Marakkar High School , Kottakkal, Iringal after affording an opportunity of being heard."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted that the petitioner is working as Full Time

Menial in the 1st respondent's school. It is submitted that the

petitioner is qualified for appointment as HSA (Hindi). A vacancy

arose in the school on 1.8.2018. The petitioner had made a request

for appointment, which was not considered and the 5 th respondent

was appointed. The petitioner had raised an objection as against

approval of appointment of the 5th respondent. By Ext.P11 order, the

claim of the petitioner was rejected. The petitioner had preferred WP(C) NO. 14365 OF 2021

Ext.P12 appeal before the Deputy Director of Education, which is also

rejected by Ext.P13. The petitioner has now approached the Director

General of Education with Ext.P14 statutory revision petition and

seeks a consideration thereof.

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 Ext.P14 revision petition preferred by the petitioner with

notice to the petitioner as well as the 1 st respondent and the 5th

respondent and after hearing all the parties through any appropriate

means including video conferencing. Orders shall be passed 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

Jvt/2.8.2021 WP(C) NO. 14365 OF 2021

APPENDIX OF WP(C) 14365/2021 PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE ORDER APPOINTING THE PETITIONER AS FTCM UNDER THE 1ST RESPONDENT DATED 01.04.2011

Exhibit P2 A TRUE COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER AS TEMPORARY FTCM DATED 01.07.1992

Exhibit P3 A TRUE COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER AS FTCM IN THE SCHOOL BY THE 1ST RESPONDENT DATED 21.06.1996

Exhibit P4 A TRUE COPY OF APPLICATION MADE TO THE 1ST RESPONDENT SEEKING TO APPOINT OF THE PETITIONER TO THE VACANCY OF HSA HINDI DATED 21.05.2018

Exhibit P5 A TRUE COPY OF IDENTICAL APPLICATION MADE BY THE PETITIONER THROUGH THE NEW MANAGER ON 23-07-2018.

Exhibit P6 A TRUE COPY OF REPRESENTATION MADE BY THE PETITONER BEFORE THE 3RD RESPONDENT DATED 18.08.2018

Exhibit P7 A TRUE COPY OF FURTHE REPRESENTATION MADE BY THE PETITIONER TO THE 3RD RESPONDENT DATED 13.10.2018

Exhibit P8 A TRUE COPY OF THE SENIORITY LIST OF THE KUNJAL IMARAKKAR HIGH SCHOOL,KOTTAKKAL,IRINGAL SHOWING THE STAFF LIST AS ON 01.01.2017

Exhibit P9 A TRUE COPY OF THE STAFF LIST OF KUNJALI MARAKKAR HIGH SCHOOL,KOTTAKKAL,IRINGAL AS ON 08-10-2018

Exhibit P10 A TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT DATED 20.10.2018

Exhibit P11 A TRUE COPY OF THE SAID PROCEEDING NO.B2/5740/2018 DATED 09.12.2019 OF THE 3RD RESPONDENT WP(C) NO. 14365 OF 2021

Exhibit P12 A TRUE COPY OF THE MEMORANDUM OF APPEAL MADE BY THE PETITIONER TO THE 3RD RESPONDENT DATED 10.02.2020

Exhibit P13 A TRUE COPY OF THE ORDER NO.B4/12048/2020 PASSED BY THE 4TH RESPONDENT DATED 30.10.2020

Exhibit P14 A TRUE COPY OF THE APPEAL ALONG WITH STAY PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 27-11-2020.