Abdussamad V.A vs The District Educational Officer
2021 Latest Caselaw 9898 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                       WP(C).No.7590 OF 2021(W)


PETITIONER:

               ABDUSSAMAD V.A
               AGED 33 YEARS
               S/O.ABU, ARABIC TEACHER (PART TIME), KACHERI UP
               SCHOOL, KACHERI TUNERI, MANDAPURAM- (RESIDING AT
               VADAKKAN HOUSE, EDATHANATTUKARA P.O.,
               PALAKKAD 678 602

               BY ADVS.
               SRI.T.T.MUHAMOOD
               SRI.A.RENJIT
               SRI.A.MOHAMMED SAVAD
               SHRI.T.R.VISHNU

RESPONDENTS:

      1        THE DISTRICT EDUCATIONAL OFFICER
               OFFICE OF THE DEO, VATAKARA, PIN 673 101

      2        THE ASSISTANT EDUCATIONAL OFFICER
               OFFICE OF THE AEO, NADAPURAM, PIN 673 504

      3        THE MANAGER
               KACHERI UP SCHOOL, P.O. KACHERI,
               TUNERI, NADAPURAM 673 504



               T RAJASEKHARAN NAIR SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7590 OF 2021(W)

                                         2




                                  JUDGMENT

Dated this the 24th day of March 2021

This writ petition is filed seeking the following reliefs:

"i) A writ of certiorari or any other appropriate writ, order or direction, quashing Ext.P2 order issued by the 2 nd respondent.

ii) A writ of mandamus or any other appropriate writ, order or direction, directing the 1 st and 2nd respondents to grant approval to the petitioner as Junior Language Teacher (Arabic) part time w.e.f 21.01.2019 and grant all service benefits including arrears of salary.

iii) A writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to consider and pass orders on Ext.P5 appeal memorandum."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. The petitioner was appointed as Junior Language Teacher

(Arabic) part time in the 3rd respondent school on 21.01.2019,

against a resignation vacancy. It is submitted that the approval has

been rejected by Ext.P2 order. It is submitted that against Ext.P2

order, the Manager of the school, the 3 rd respondent, has submitted WP(C).No.7590 OF 2021(W)

Ext.P5 appeal before the 1st respondent. The petitioner seeks a

consideration of Ext.P5, with notice to the Manager as well as the

petitioner.

Having heard the learned Government Pleader also, there will

be a direction to the 1st respondent to take up, consider and pass

orders on Ext.P5 appeal preferred by the 3rd respondent with notice

to the petitioner as well as the 3rd respondent 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.7590 OF 2021(W)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF ORDER DATED 21.01.2019, ISSUED BY THE 3RD RESPONDENT, APPOINTING THE PETITIONER

EXHIBIT P2 TRUE COPY OF ORDER NO.C/486/2019 DATED 12.03.2019 ISSUED BY THE 2ND RESPONDENT, DECLINING THE APPROVAL OF APPOINTMENT OF THE PETITIONER

EXHIBIT P3 TRUE COPY OF STAFF-FIXATION ORDER NO.H.DIS/C/2423/2017 DATED 08.07.2017 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P4 TRUE COPY OF GOVERNMENT LR.NO.J2/87/2020/G.EDN DATED 25.02.2021

EXHIBIT P5 TRUE COPY OF APPEAL MEMORANDUM SUBMITTED BY THE MANAGER BEFORE THE 1ST RESPONDENT ON 27.03.2019