Vinu S. Alister vs State Of Kerala
2021 Latest Caselaw 8609 Ker

Citation : 2021 Latest Caselaw 8609 Ker
Judgement Date : 16 March, 2021

Kerala High Court

Vinu S. Alister vs State Of Kerala on 16 March, 2021

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    TUESDAY, THE 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942

                      WP(C).No.13141 OF 2017(P)


PETITIONER:

               VINU S. ALISTER, AGED 34 YEARS
               S/O. ALISTER BOSEPHYSICAL EDUCATION TEACHER
               (UP SECTION)V.P.S.H.S.S FOR BOYS, VENGANOOR,
               THIRUVANANTHPURAM-695 523, SAELAN MANDIRAM,
               KODANKARA, MARIYAPURAM.P.O.
               THIRUVANANTHAPURAM-695 122

               BY ADVS.
               SRI.KALEESWARAM RAJ
               KUM.A.ARUNA
               SRI.VARUN C.VIJAY

RESPONDENTS:

      1        STATE OF KERALA, REPRESENTED BY SECRETARY TO
               GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION,
               SECRETARIAT, THIRUVANANTHAPURAM-695001

      2        DIRECTOR OF PUBLIC INSTRUCTIONS
               THIRUVANANTHAPURAM-695001

      3        DEPUTY DIRECTOR OF EDUCATION
               THIRUVANANTHAPURAM-695001

      4        DISTRICT EDUCATIONAL OFFICER,
               NEYYATTINKARA

      5        THE MANAGER, VIKRAMAN PILLAI PARAMESWARA PILLAI
               SARASWATHI AMMA HIGHER SECONDARY SCHOOL FOR BOYS
               (VPSHSS), VENGANOOR.P.O., THIRUVANANTHAPURAM-695 523


               BY ADV. SRI.P.M.MANOJ-SR.GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD         ON
16.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 13141/17
                                          2



                                       JUDGMENT

Even though the petitioner has approached

this Court making various averments and

seeking several prayers, when this matter was

called today, Sri.Varun C. Vijay, learned

counsel, submitted that unless the Government

takes a final decision on Ext.P8 Revision

filed by his client, under the provisions of

Rule 92 Chapter XIVA of the Kerala Education

Rules (KER for short), other competent

educational Authorities will not be in a

position to issue orders with respect to the

approval of his appointment.

2. Sri.Varun C. Vijay, therefore, prayed

that Ext.P8 be directed to be taken up and

disposed of at the earliest, pointing out that

even the 4th respondent (wrongly stated as the

3rd respondent) has averred in paragraph 4 of

his counter affidavit that unless the

Government takes a decision on Ext.P8 Revision WPC 13141/17

Petition of the petitioner, the reliefs sought

for by him cannot be considered by them or any

other Officer.

3. In response, the learned Senior

Government Pleader - Sri.P.M.Manoj, submitted

that Ext.P8 Revision appears to have been

filed by the petitioner as early as in the

year 2017 and that he has no information as to

whether same is still pending. He, however,

added that if Ext.P8 is still pending, there

is no legal impediment in the same being

considered by the Government; but prayed that

this Court may not make any affirmative

declarations on the entitlement of the

petitioner to any relief and leave it to the

competent Authority to take an appropriate

decision thereon.

4. When I consider the afore submissions,

it is indubitable that without the Government

taking a final decision on Ext.P8, it will not WPC 13141/17

be proper or prudent for this Court to decide

upon the various issues impelled in this Writ

Petition at the first instance. I am,

therefore, of the firm view that Ext.P8 must

gain the attention of the competent Authority

without any further delay.

In the afore circumstances, I allow this

Writ Petition to the extent of directing the

Government to take up Ext.P8 Revision of the

petitioner and dispose of the same, after

affording him, as also the Manager of the

School, an opportunity of being heard - either

physically or through video conferencing -

thus culminating in 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.

If, on the contrary, Ext.P8 has already

been disposed of, Government shall ensure that

the order thereon is served on the petitioner, WPC 13141/17

by Registered Post Acknowledgement-Due in the

address shown in this Writ Petition, within a

period of one month from the date of receipt

of a copy of this judgment, so as to enable

him to work out the remedies, if so required,

based on the same.

Needless to say, since I have not

considered the rival contentions of the

parties on its merits in this judgment, they

are all left open to be pursued by them, if so

required, in future.

Sd/-

                                         DEVAN RAMACHANDRAN
       RR                                         JUDGE
 WPC 13141/17




                            APPENDIX
       PETITIONER'S/S EXHIBITS:

       EXHIBIT P1        A COPY OF THE APPOINTMENT ORDER
                         DATED 1.8.2011

       EXHIBIT P2        A COPY OF THE ORDER DATED 23.7.2013Q

       EXHIBIT P3        A COPY OF THE JUDGMENT DATED

17.3.2015 IN WPC NO.22976/2014

EXHIBIT P4 A COPY OF THE JUDGMENT DATED 2.3.2016 IN WA NO 1752/2015

EXHIBIT P5 A COPY OF THE LETTER DATED 21.12.2016 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P6 A COPY OF THE UNDATED REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER OF EDUCATION

EXHIBIT P7 A COPY OF THE PROCEEDINGS NO,D.DIS/B2/1994/2016 DATED 18.5.2016

EXHIBIT P8 A COPY OF THE REPRESENTATION DATED 23.1.2017 SUBMITTED BEFORE THE GOVERNMENT

EXHIBIT P9 A COPY OF GO(RT) NO.2818/00/G.EDN.

DATED 21.6.1999

EXHIBIT P10 A COPY OF GO (RT) NO.2092/2001/G.EDN DATED 29.5.2001

EXHIBIT P11 A COPY OF GO(MS) NO.307/2004/G.EDN.

DATED 4.10.2004

EXHIBIT P12 A COPY OF THE GO(RT) NO.1615/97/G.EDN DATED 24.5.1997