Manager vs State Of Kerala
2021 Latest Caselaw 9899 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.7586 OF 2021(W)


PETITIONER:

               MANAGER, CCUP SCHOOL, IYYAD
               IYYAD P.O., KOZHIKODE, SUNILA A.P., W/O.LATE
               CHANDRAMOHANAN, AGED 62, CHANGARATHKANDY, IYYAD P.O.,
               KOZHIKODE, PIN-673574.

               BY ADVS.
               SRI.JIJI THOMAS
               SMT.SMITHA MATHEW

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE SECRETARY, GENERAL EDUCATION
               DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

      2        DIRECTOR OF GENERAL EDUCATION,
               DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
               THIRUVANANTHAPURAM-695014.

      3        DEPUTY DIRECTOR OF EDUCATION,
               KOZHIKODE-673004.

      4        DISTRICT EDUCATION OFFICER,
               THAMARASSERY, KOZHIKODE-673573.

      5        ASSISTANT EDUCATIONAL OFFICER,
               BALUSSERY, KOZHIKODE, PIN-673612.

      6        RAYEEZ.M, UPST,
               C.C.U.P SCHOOL, IYYAD, IYYAD P.O.,
               KOZHIKODE, PIN-673574.


               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.7586 OF 2021(W)

                                       2




                                JUDGMENT

Dated this the 24th day of March 2021

This writ petition is filed seeking the following relief:

issue a writ of mandamus or any other appropriate writ, order or direction or instructions directing the 2 nd respondent to consider Ext.P5 revision and to take a decision thereon without any further delay.

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 the Manager of an aided school had appointed

the 6th respondent as UPST in a retirement vacancy on 24.06.2019.

The appointment was rejected and the appeal against the same has

also been rejected. It is submitted that Ext.P5 revision petition is

filed before the 2nd respondent and is pending consideration.

Having heard the learned Government Pleader also, there will

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

orders on Ext.P5 revision petition preferred by the petitioner with

notice to the petitioner as well as the 6th respondent within a period

of six weeks from the date of receipt of a copy of this judgment. WP(C).No.7586 OF 2021(W)

Parties shall be put on notice and heard through any appropriate

means including video conferencing.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.7586 OF 2021(W)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A COPY OF THE APPOINTMENT ORDER DATED 24.06.2019.

EXHIBIT P2 A COPY OF INTERIM ORDER OF THE SUPREME COURT IN CIVIL APPEAL NO.3490/2016 DATED 07.4.2016.

EXHIBIT P3 A COPY OF THE REJECTION ORDER OF AEO DATED 06.01.2020.

EXHIBIT P4 A COPY OF THE REJECTION ORDER OF DEO DATED 20.01.2021.

EXHIBIT P5 A COPY OF THE REVISION PETITION TO GDE DATED 15.03.2021 (WITHOUT ANNEXURES).