Shafeeque M. V vs The State Of Kerala
2021 Latest Caselaw 10721 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.8315 OF 2021(L)


PETITIONER:

               SHAFEEQUE M. V.
               AGED 33 YEARS
               S/O. THENUTTY M. V.,
               HIGH SCHOOL ASSISTANT (ARABIC),
               M M M HIGHER SECONDARY SCHOOL, KUTTAYI,
               MALAPPURAM DISTRICT - 676 562.

               BY ADVS.
               SRI.V.A.MUHAMMED
               SRI.M.SAJJAD

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 DISTRICT EDUCATIONAL OFFICER
               TIRUR, MALAPPURAM DISTRICT - 676 101.

      4        THE MANAGER
               MMM HIGHER SECONDARY SCHOOL, KUTTAYI,
               MALAPPURAM DISTRICT - 676 562.

      5        THE PRINCIPAL
               MMM HIGHER SECONDARY SCHOOL, KUTTAYI,
               MALAPPURAM DISTRICT - 676 562.

               SMT.NISHA BOSE (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.8315 OF 2021

                                           2




                                   JUDGMENT

Dated this the 30th day of March 2021

This writ petition is filed seeking the following reliefs :-

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

ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 3rd Respondent to grant approval to the Petitioner covered by Exhibit P-1 forthwith.

iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1 st Respondent to consider and pass appropriate orders upon Exhibit P-7 after affording an opportunity of being heard to the Petitioner within a time limit."

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

seeking approval of the petitioner's appointment as HSA (Arabic) from

12.06.2018, the petitioner has approached the Government with Ext.P7

revision petition, which is liable to be considered in accordance with

law.

WP(C).No.8315 OF 2021

4. There will, accordingly, be a direction to the 1 st respondent to

take up, consider and pass orders on Ext.P7 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 three months from the date of

receipt of a copy of this judgment. In case the appointment is

approved, the monetary benefits shall also be released to the

petitioner within a period of three months thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.8315 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER IN THE PETITIONER DATED 12.06.2018.

EXHIBIT P2 TRUE COPY OF THE ORDER NO.B1/4241/18/K.DIS.

DATED 20.10.2018 OF THE DEO, TIRUR.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN W.P.(C) N0.10262/2018 DATED 04.07.2018.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN W.A.NO.1846/2018 DATED 20.05.2020.

EXHIBIT P5 TRUE COPY OF THE G.O.(P) NO.3/2019/G.EDN.

DATED 28.02.2019 OF THE GOVERNMENT.

EXHIBIT P6 TRUE COPY OF THE CIRCULAR NO.J2/57/2019/G.EDN. DATED 08.03.2019.

EXHIBIT P7 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 31.05.2019.

RESPONDENT'S/S EXHIBITS: NIL