Fahad C vs State Of Kerala
2021 Latest Caselaw 10710 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943

                       WP(C).No.8372 OF 2021(V)


PETITIONER:

               FAHAD C.
               AGED 42 YEARS
               CLERK, CRESCENT HIGHER SECONDARY SCHOOL,
               ADAKKAKUNDU, KALIKAVU, MALAPPURAM DISTRICT.

               BY ADV. DR.GEORGE ABRAHAM

RESPONDENTS:

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

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

      3        DEPUTY DIRECTOR OF EDUCATION
               MALAPPURAM - 676 519.

      4        DISTRICT EDUCATIONAL OFFICER
               WANDOOR - 679 328.

               SRI. T. RAJASEKHARAN NAIR (SR.GP)

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8372 OF 2021

                                          2




                                  JUDGMENT

Dated this the 30th day of March 2021

This writ petition is filed seeking the following reliefs :-

"i) to issue a Writ of certiorari, or any other appropriate writ, order or direction, to quash Exhibit P-6, P-8 and P-9 orders issued by the respondents 3 and 4.

ii) To declare that the service weightage sanctioned to the petitioner is in order and hence the objection raised by the respondents are legally incorrect.

iii) to issue a Writ of Mandamus; or any other appropriate writ, order or direction, directing the respondents to sanction the third time-bound higher grade due to the petitioner.

iv) to issue a Writ of Mandamus; or any other appropriate writ, order or direction, directing the 1 st respondent to consider Exhibit P-10 revision filed by the petitioner."

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

against the refusal on the part of the respondents to grant the

petitioner the third time bound higher grade taking note of the

approved service of the petitioner, the petitioner has approached the WP(C).No.8372 OF 2021

Government and submitted Ext.P10 revision petition and seeks a

consideration of the same.

4. The learned Government Pleader submits that Ext.P10 revision

petition has been submitted only on 22.03.2021 and that some time is

required to consider the same.

5. Having considered the contentions advanced, there will be a

direction to the 1st respondent to take up, consider and pass orders on

Ext.P10 revision petition referred by the petitioner, with notice to the

petitioner and after hearing him, through any appropriate means,

including through video conferencing, within a period of four months

from the date of receipt of a copy of this judgment. The petitioner

shall produce a copy of the judgment along with a copy of the writ

petition before the 1st respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.8372 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 3/3/1998 ISSUED IN FAVOUR OF THE PETITIONER

EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER DATED 12/2/2003.

EXHIBIT P3 TRUE COPY OF APPOINTMENT ORDER DATED 12/2/2008.

EXHIBIT P4 TRUE COPY OF APPOINTMENT ORDER DATED 1/4/2011.

EXHIBIT P5 TRUE COPY OF COVERING LETTER ALONG WITH THE STATEMENT OF FIXATION OF PAY AND FORM OF DECLARATION.

EXHIBIT P6 TRUE COPY OF COMMUNICATION ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, DATED 3/8/2020.

EXHIBIT P7 TRUE COPY OF PETITION FILED BY THE HEADMASTER DATED 28/9/2020.

EXHIBIT P8 TRUE COPY OF THE ORDER OF THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM DATED 9/10/2020.

EXHIBIT P9 TRUE COPY OF ORDER ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, WANDOOR DATED 22/1/2021.

EXHIBIT P10 TRUE COPY OF REVISION SUBMITTED BY THE PETITIONER DATED 22ND MARCH, 2021.

RESPONDENT'S/S EXHIBITS: NIL