K.Rajesh vs The State Of Kerala
2021 Latest Caselaw 9663 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

                       WP(C).No.5199 OF 2021(Y)


PETITIONER:

               K.RAJESH
               AGED 41 YEARS
               SON OF KRISHNAN, NANDANAM, PAYYAPPARAMBA,
               POST PORORA, KANNUR DISTRICT 670 702

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

RESPONDENTS:

      1        THE STATE OF KERALA
               REP.BY ITS SECRETARY TO GOVERNMENT, LSG DEPARTMENT,
               SECRETARIAT, THIRUVANANTHAPURAM 695 003

      2        THE SECRETARY TO GOVERNMENT
               GENERAL EDUCATION DEPARTMENT,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM 695 001

      3        THE DIRECTOR
               KERALA STATE LITERACY MISSION AUTHORITY,
               THIRUVANANTHAPURAM 695 035

      4        THE SECRETARY
               MATTANNUR MUNICIPALITY, KANNUR 670 702

      5        THE FINANCE AND ADMINISTRATION CO-ORDINATOR
               DISTRICT LITERACY MISSION, KANNUR 671 321

      6        THE DISTRICT CO-ORDINATOR
               LITERACY MISSION, KANNUR 671 321

               R3 BY ADV. SRI.DINESH MATHEW J.MURICKEN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5199 OF 2021(Y)

                                         2




                                  JUDGMENT

Dated this the 23rd day of March 2021

This writ petition is filed seeking the following reliefs:

"i) call for the records relating to Exhibit P4 and set aside the original of the same by the issue of a writ of certiorari or other appropriate writ or order.

ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the respondent to reinstate the petitioner as Prerak in Pallottupalli Continuing Education Centre, Mattannur Municipality, Kannur.

iii) declare that acceptance of resignation of the petitioner after its withdrawal is not valid.

iv) issue a writ of mandamus or other appropriate writ, order or direction commanding the 2 nd respondent to take decision on Exhibit P5 with notice to the petitioner within a time bound manner."

2. Heard the learned counsel for the petitioner, the learned

Government Pleader as well as the learned counsel appearing for the

3rd respondent.

3. The petitioner has approached this Court challenging the

termination of his service as Prerak under the 3 rd respondent. It is

submitted that against the termination, the petitioner has WP(C).No.5199 OF 2021(Y)

approached the Government with Ext.P5 representation and the

same is liable to be considered in accordance with law.

Having heard the learned Government Pleader also, I am of the

opinion that it is for the 2nd respondent to take an appropriate

decision on Ext.P5. In the above view of the matter, there will be a

direction to the 2nd respondent to take up, consider and pass orders

on Ext.P5 representation preferred by the petitioner with notice to

the petitioner as well as respondents 3 and 4 and after hearing them

through any appropriate means including through video

conferencing 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 SVP WP(C).No.5199 OF 2021(Y)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE MANUAL PRESCRIBING THE PROCEDURE FOR SELECTION TO THE POST OF PRERAK

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY MATTANNUR MUNICIPALITY DATED 21.7.2014

EXHIBIT P3 TRUE COPY OF THE IDENTITY CARD ISSUED TO THE PETITIONER

EXHIBIT P4 TRUE COPY OF THE ORDER NO.A7-

379/20/K.S.L.M.A. DATED 4.6.2020 OF THE DIRECTOR OF LITERACY MISSION.

EXHIBIT P5 TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 1.4.2020