The Manager vs The State Of Kerala
2021 Latest Caselaw 8317 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942

                   WP(C).No.5692 OF 2021(J)


PETITIONER :-

            THE MANAGER,
            MUSLIM HIGH SCHOOL
            PUDUNAGARAM, PALAKKAD - 678 503.

            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 DISTRICT EDUCATIONAL OFFICER (D.E.O.)
            CIVIL STATION, PALAKKAD - 678 001.

            BY SMT.NISHA BOSE, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.5692 OF 2021(J)

                                      -: 2 :-


                                  JUDGMENT

Dated this the 12th day of March, 2021

This writ petition is filed seeking the following reliefs :-

"i) Writ in the nature of mandamus commanding the 4 th respondent to consider approving the appointments of Smt.Anitha, Smt.Bincymol and Smt.Savitha as UPST in petitioner's school as per Exhibit P3, Ext.P4 and Ext.P5 appointment orders with all consequential benefits..

ii) Writ in the nature of mandamus commanding the 2 nd respondent to consider and pass orders on Ext.P7 revision petition within a time frame after hearing the petitioner..

iii) Declare that the appointment of Smt.Anitha, Smt.Bincymol and Smt.Savitha as UPST in petitioner's school as per Exhibit P3, Ext.P4 and Ext.P5 appointment orders are liable to be approved with all consequential benefits."

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 the petitioner, who is a Manager of an aided school has

approached the 2nd respondent with Ext.P7 revision petition. It is

submitted that it is against Ext.P8 order that Ext.P7 revision petition

has been preferred by the Manager. It is submitted that the said

revision petition is liable to be considered and disposed of with notice

to the petitioner as well as the affected teachers.

Having heard the learned Government Pleader also, there

will be a direction to the 2 nd respondent to take up, consider and pass WP(C).No.5692 OF 2021(J)

orders on Ext.P7 revision petition preferred by the petitioner with

notice to the petitioner as well as the affected teachers, within a

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

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/16.3.2021 WP(C).No.5692 OF 2021(J)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE APPEAL PETITION SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DATED 31/10/2018.

EXHIBIT P2 A TRUE COPY OF THE APPEAL PETITION SUBMITTED BY THE PETITIONER IN RESPECT OF SMT.BINCYMOL BEFORE THE SECOND RESPONDENT DATED 31/10/2018.

EXHIBIT P3 A TRUE COPY OF APPOINTMENT ORDER ISSUED TO SMT.ANITHA BY THE PETITIONER ON 1/6/2018.

EXHIBIT P4 A TRUE COPY OF APPOINTING ORDER ISSUED TO SMT.BINCYMOL BY THE PETITIONER ON 1/6/2018.

EXHIBIT P5 A TRUE COPY OF APPOINTMENT ORDER ISSUED TO SMT.SAVITHA BY THE PETITIONER ON 1/7/2019.

EXHIBIT P6 A TRUE COPY OF THE PROCEEDINGS OF MANAGER, MUSLIM HIGH SCHOOL PUDUNAGARAM DATED 12/12/2019.

EXHIBIT P7 A TRUE COPY OF REVISION PETITION DATED 14/12/2019 SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT.

EXHIBIT P8 A TRUE COPY OF THE ORDER DEPUTY DIRECTOR OF EDUCATION, PALAKKAD DATED 23.11.2019

//TRUE COPY//

P.A. TO JUDGE