Muhammed Uvais A.K vs The State Of Kerala
2021 Latest Caselaw 10095 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943

                       WP(C).No.7780 OF 2021(V)


PETITIONER:

               MUHAMMED UVAIS A.K
               AGED 26 YEARS, SON OF ABDUL KHALEEL,
               L.G. ARABIC TEACHER, LUTHERAN HIGHER SECONDARY
               SCHOOL, SOUTH ARYAD, P.O. AVALOOKKUNNU,
               ALAPPUZHA DISTRICT-688 006,
               (RESIDING AT AMANATH MANZIL, P.O. AVALOOKKUNNU,
               ALAPPUZHA DISTRICT-688 006), (M-9567277003)

               BY ADVS.
               SRI.V.A.MUHAMMED
               SRI.V.RAJASEKHARAN NAIR

RESPONDENTS:

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

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

      3        THE DEPUTY DIRECTOR OF EDUCATION,
               CIVIL STATION, ALAPPUZHA-688 001

      4        THE DISTRICT EDUCATIONAL OFFICER,
               ALAPPUZHA-688 011

      5        THE DEPUTY DIRECTOR OF EDUCATION,
               FORT, THIRUVANANTHAPURAM IN CHARGE OF MANAGER,
               LUTHERAN SCHOOLS CORPORATE MANAGEMENT,
               THIRUVANANTHAPURAM-695 036

               SRI.T RAJASEKHARAN NAIR, SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7780 OF 2021

                                          2




                                  JUDGMENT

Dated this the 25th day of March 2021

This writ petition is filed seeking the following reliefs :-

"i) call for the records relating to Exhibits P-2 and set aside the original of the same by the issue of a writ of certiorari or other appropriate writ or order.

ii) declare that the Petitioner is entitled for appointment of her appointment as Full-time L G Arabic teacher from 01.06.2017 and salary thereof from 01.06.2017

iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 2nd Respondent DGE to consider and pass orders on Exhibit P-8 Revision Petition after having given an opportunity of being heard to the Petitioner with in time frame."

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

aggrieved by the rejection of approval of appointment by Ext.P2, the

petitioner has moved Ext.P8 revision petition before the 2 nd

respondent and seeks a consideration of the same. It is further

submitted that the Manager has also moved Ext.P3 appeal which has

not been considered.

WP(C).No.7780 OF 2021

4. Having heard the learned counsel appearing on either side, I am

of the opinion that since Ext.P8 is a statutory revision petition moved

before the respondents, it is liable to be considered in accordance with

law.

5. There will, accordingly, be a direction to the 2 nd respondent to

take up, consider and pass orders on Ext.P8 revision petition preferred

by the petitioner, with notice to the petitioner as well as the Manager

and after hearing them, through any appropriate means, including by

video conferencing, within a period of two months from the date of

receipt of a copy of this judgment. The petitioner shall produce a copy

of the writ petition along with a copy of this judgment before the 2 nd

respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.7780 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2017.

EXHIBIT P2 TRUE COPY OF THE ORDER NO. B3/3220/2017/ K.DIS DATED 19.05.2020 OF THE DEO, ALAPPUZHA.

EXHIBIT P3 TRUE COPY OF THE APPEAL FILED BEFORE THE DDE, ALAPPUZHA DATED 26.05.2020 OF THE MANAGER.

EXHIBIT P4 TRUE COPY OF THE G.O(RT) NO. 1216/2018/ G.EDN. DATED 23.03.2018 OF THE GOVERNMENT.

EXHIBIT P5 TRUE COPY OF THE CIRCULAR NO. 31894/H2/13/ G.EDN DATED 13.06.2014 OF THE GOVERNMENT.

EXHIBIT P5 A TRUE COPY OF THE CIRCULAR NO. 11/H2/2016/ G.EDN DATED 16.11.2016 OF THE GOVERNMENT.

EXHIBIT P6 TRUE COPY OF THE ORDER NO. ET (4) /11228/ 2019/K.DIS DATED 10.12.2019 OF THE ADDITIONAL DIRECTOR ATTACHED TO THE OFFICE OF THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE DECLARATION OF THE MANAGER.

EXHIBIT P7 A TRUE COPY OF THE RELEVANT PAGE OF THE SSLC BOOK OF THE PETITIONER.

EXHIBIT P7 B TRUE COPY OF THE MARK LIST OF THE PETITIONER DATED 31.05.2013.

EXHIBIT P7 C TRUE COPY OF THE B.A. CERTIFICATE OF THE PETITIONER DATED 19.07.2017

EXHIBIT P7 D TRUE COPY OF THE ELIGIBILITY CERTIFICATE OF THE PETITIONER DATED 24.11.2018.

EXHIBIT P7 E TRUE COPY OF THE STAFF STATEMENT AS ON 01.06.2017.

EXHIBIT P7 F TRUE COPY OF THE STAFF STATEMENT AS ON 31.03.2017.

WP(C).No.7780 OF 2021

EXHIBIT P7 G TRUE COPY OF THE DECLARATION OF THE MANAGER DATED 01.06.2017.

EXHIBIT P7 H TRUE COPY OF THE CERTIFICATE OF CONDUCT OF THE PETITIONER DATED 01.06.2017.

EXHIBIT P8 TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 15.03.2021.

RESPONDENT'S/S EXHIBITS: NIL