The Manager vs The State Of Kerala
2021 Latest Caselaw 7457 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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

                       WP(C).No.5562 OF 2021(U)


PETITIONER:

               THE MANAGER,
               A.U.P. SCHOOL, KARAMBATHUR, KARAMBATHUR P.O.
               PALLIPURAM-PATTAMBI VIA, PALAKKAD-679 305,
               K. PARAMESWARAN, S/O KUNJU EZHUTHACHAN,
               RESIDING AT KOLLAYIL HOUSE, CHEMBRA P.O.
               THIRUVEGAPPURA VIA, PALAKKAD-679 304.

               BY ADV. SHRI.U.BALAGANGADHARAN

RESPONDENTS:

      1        THE STATE OF KERALA
               REPRESENTED BY SECRETARY, GENERAL EDUCATION
               DEPARTMENT, GOVERNMENT SECRETARIAT (ANNEX)
               THIRUVANANTHAPURAM-695 001.

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

      3        THE DEPUTY DIRECTOR OF EDUCATION (D.D.E),
               PALAKKAD-678 001.

      4        THE ASSISTANT EDUCATIONAL OFFICER (A.E.O),
               PATTAMBI, PALAKKAD-679 303.

      5        THE HEADMASTER,
               A.U.P SCHOOL, KARAMBATHUR, PALLIPURAM, PATTAMBI,
               PALAKKAD DISTRICT-679 305.

      6        DILEEP K.P,
               U.P.S.A, A.U.P. SCHOOL, KARAMBATHUR, PALLIPURAM,
               PATTAMBI, PALAKKAD-679 305.

               R RAJASEKHARAN NAIR, SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5562 OF 2021

                                         2



                                 JUDGMENT

Dated this the 3rd day of March 2021

This writ petition is filed seeking the following reliefs :-

"i) Call for the records leading to Ext.P5 and set aside the same by issuing writ in the nature of certiorari;

ii) Writ in the nature of mandamus commanding the 4 th respondent to approve the seniority appended to Ext.P5 and permit the 6th respondent to continue as UPSA;

iii) Writ in the nature of mandamus commanding the 4 th respondent to approve the continuance of 6 th respondent as UPSA;

iv) Declare that shifting of UPSA and LPSAs mutually is permissible, provided the incumbents are qualified to hold the respective post and permit the 6 th respondent to continue as UPSA"

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 as

against Ext.P5 proceedings of the AEO with regard to the change of

category of the 6th respondent, who has been continuing in the school

as UPSA, the petitioner has preferred Ext.P6 revision petition before

the Government and seeks a consideration of the same. WP(C).No.5562 OF 2021

4. Having heard the learned Government Pleader also and in view

of the fact that Ext.P6 has been preferred by the petitioner as against

Ext.P5 proceedings of the AEO, I am of the opinion that the said

revision petition is liable to be considered and disposed of in

accordance with law.

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

take up, consider and pass orders on Ext.P6 revision petition preferred

by the petitioner, with notice to the petitioner as well as the 6 th

respondent and any other teacher likely to be affected by orders to be

passed in the revision petition and after hearing them, through any

appropriate means, including through video conferencing, within a

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

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.5562 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE STAFF FIXATION ORDER OF THE PETITIONER SCHOOL FOR THE YEAR 2007-08 DATED 20.9.2007 ISSUED BY 4TH RESPONDENT

EXHIBIT P2 A TRUE COPY OF THE ORDER NO L.DIS.C/4023/ 2012 DATED 3.7.2012 ALONG WITH SENIORITY LIST ISSUED BY THE 4TH RESPONDENT

EXHIBIT P3 A TRUE COPY OF THE ORDER NO C/2234/14 DATED 3.7.2014 ALONG WITH SENIORITY LIST ISSUED BY THE 4TH RESPONDENT

EXHIBIT P4 A TRUE COPY OF THE ORDER NO K.DIS.C/1220/ 2019 DATED NIL 8.2019 ALONG WITH SENIORITY LIST ISSUED BY THE 4TH RESPONDENT

EXHIBIT P5 A TRUE COPY OF THE LETTER NO C/1105/20 DATED 29.1.2021 OF THE 4TH RESPONDENT WITH SENIORITY LIST

EXHIBIT P6 A TRUE COPY OF THE REVISION PETITION DATED 12.2..2021 BY THE MANAGER OF THE SCHOOL TO THE GOVERNMENT

EXHIBIT P7 A TRUE COPY OF THE AMENDMENT INTRODUCED GO(P) 180/2009/FIN DATED 9.9.2009

EXHIBIT P8 A TRUE COPY OF THE GO(MS) NO 42/2011/G.EDN DATED 16.2.2021

EXHIBIT P9 A TRUE COPY OF THE CIRCULAR NO 443034/J1/2013/GEDN DATED 3.6.2017

RESPONDENT'S/S EXHIBITS: NIL