C.Goji George vs The State Of Kerala
2021 Latest Caselaw 7411 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

   WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942

                      WP(C).No.29834 OF 2019(D)


PETITIONER:
      1.       C.GOJI GEORGE, AGED 32 YEARS
               D/O. C.A.GEORGE, UPPER PRIMARY SCHOOL ASSISTANT,
               ST.AUGUSTINE HIGHER SECONDARY SCHOOL, KUTTANELLLUR,
               TRISSUR DISTRICT-680 014

      2.       P.K.MERIL ROSE, AGED 31 YEARS
               W/O.MADHU VINCENT, UPPER PRIMARY SCHOOL ASSISTANT,
               ST.AUGUSTINE HIGHER SECONDARY SCHOOL, KUTTANELLLUR,
               TRISSUR DISTRICT-680 014

               BY ADV. SRI.V.A.MUHAMMED

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,
               THRISSUR AT AYYANTHOLE-680 003

      4        THE DISTRICT EDUCATIONAL OFFICER,
               THRISSUR DISTRICT-680 020

      5        THE MANAGER,
               ST.AUGUSTINE HIGHER SECONDARY SCHOOL, KUTTANELLLUR,
               TRISSUR DISTRICT-680 014

      6        SMT. TESSY THOMAS,
               UPPER PRIMARY SCHOOL ASSISTANT, ST.AUGUSTINE HIGHER
               SECONDARY SCHOOL, KUTTANELLLUR, TRISSUR DISTRICT-680
               014

      7        SMT. SANITHA BALAKRISHNAN,
               HIGH SCHOOL ASSISTANT, ST.AUGUSTINE HIGHER SECONDARY
               SCHOOL, KUTTANELLLUR, TRISSUR DISTRICT-680 014
 WP(C).No.29834 OF 2019(D)

                                    2

        8        SMT. SOJI JOSE,
                 UPPER PRIMARY SCHOOL ASSISTANT, ST.AUGUSTINE HIGHER
                 SECONDARY SCHOOL, KUTTANELLLUR, TRISSUR DISTRICT-
                 680 014

                 SRI.G.KRISHNAKUMAR
                 SRI. P.M.MANOJ - SR.GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.29834 OF 2019(D)

                                     3


                               JUDGMENT

Dated this the 3rd day of March 2021

Even though there are various allegations, assertions

and averments made and urged in this writ petition, when

this matter was called today, the learned counsel for the

petitioner - Sri.M.Sajjad, submitted that since his clients

have already moved Ext.P10 Revision before the Director of

General Education (DGE) under the provisions of Rule 8A of

Chapter XIV A of the KER, they will be satisfied, if the same

is directed to be taken up and disposed of by the said

Authority within a time frame to be fixed by this Court.

2. Sri.M.Sajjad submitted that since all the petitioners'

claims and assertions have been reiterated in Ext.P10, it

would not be necessary for this Court to look into the same

at the first instance and that his clients are confident that if

the DGE considers the same properly, their grievances would

stand allayed.

3. The learned Senior Government Pleader submitted

that there is no legal impediment in Exhibit P10 being taken

up and disposed of; but prayed that this Court may not make

any affirmative declarations as to the entitlement of the WP(C).No.29834 OF 2019(D)

petitioners to any relief and leave it to the competent

Authority to take a decision on it in terms of law.

In the afore circumstances, I order this writ petition

and direct the second respondent - DGE to take up Exhibit

P10 and dispose of the same, after affording the petitioners

an opportunity of being heard - either physically or through

video conferencing - leading to an appropriate order

thereon, as expeditiously as is possible, but not later than

three months from the date of receipt of a copy of this

judgment.

Sd/- DEVAN RAMACHANDRAN

stu JUDGE WP(C).No.29834 OF 2019(D)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 01.06.2016

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT VIDE ORDER NO.3623/16/K.DIS DATED 29.07.2017

EXHIBIT P3 TRUE COPY OF APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 01.06.2016

EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT VIDE ORDER NO.B5/3655/16/K.DIS DATED 29.07.2017

EXHIBIT P5 TRUE COPY OF THE G.O(RT) NO.2047/2019/G.EDN DATED 01.06.2019

EXHIBIT P6 TRUE COPY OF THE APPOINTMENT ORDER OF SMT.TESSY THOMAS DATED 01.06.2017

EXHIBIT P7 TRUE COPY OF THE APPOINTMENT ORDER OF THE 7TH RESPONDENT DATED 05.01.2018

EXHIBIT P8 TRUE COPY OF THE APPOINTMENT ORDER OF THE 8TH RESPONDENT DATED 05.01.2018

EXHIBIT P9 TRUE COPY OF THE G.O(MS) NO.275/99/G.EDN DATED 09.11.1999

EXHIBIT P10 TRUE COPY OF THE PETITION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 14.10.2019 (WITHOUT EXHIBITS)