Citation : 2021 Latest Caselaw 12543 Ker
Judgement Date : 25 May, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 25TH DAY OF MAY 2021 / 4TH JYAISHTA, 1943
WP(C) NO. 10860 OF 2021
PETITIONER:
UMESH U
0
S/O. UNNIKRISHNAN, L.G. HINDI (UPSA) TEACHER, V.I.M.
HIGHER SECONDARY SCHOOL, PALLASSENA, PALAKKAD-
678505, RESIDING AT KALAPARAMBA HOUSE, PANANGATTIRI
P.O., PALAKKAD-678506.
BY ADV U.BALAGANGADHARAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT (ANNEX),
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695001.
3 THE DEPUTY DIRECTOR OF EDUCATION,
CIVIL STATION, PALAKKAD-678001.
4 THE DISTRICT EDUCATIONAL OFFICER,
PALAKKAD-678001.
5 THE MANAGER,
V.I.M. HIGHER SECONDARY SCHOOL, PALLASSENA,
PALAKKAD-678505.
OTHER PRESENT:
SR GP BIJOY CHANDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 25th day of May, 2021
This writ petition is filed challenging Ext.P7 and P8 orders
and seeking directions to the 4 th respondent to approve the
appointment of the petitioner as LG Hindi (UPSA) in the 5 th
respondent's school from 06.06.2019. It is submitted by the
learned counsel for the petitioner that Ext.P10 revision petition
has been preferred before the 2 respondent and the same is nd
pending. It is submitted that, in the meanwhile, the Manager is
taking hasty steps to revert the petitioner to the post of Full Time
menial.
2. Having heard the learned Government Pleader also, I
am of the opinion that Ext.P10 revision petition preferred by the
petitioner is liable to be considered by the 2 nd respondent in
accordance with law, without delay.
3. There will, accordingly, be a direction to the 2 nd
respondent to take up, consider and pass orders on Ext.P10
revision petition preferred by the petitioner within a period of six
weeks from the date of receipt of a copy of this judgment with
notice to the petitioner as well as the 5 respondent and after th hearing them through any appropriate means including video
conferencing. Any steps taken by the 5 respondent shall be th
provisional and subject to the orders to be passed by the 2 nd
respondent on the petition as directed above.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE
Bng/25.05.2021 APPENDIX PETITIONER'S EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE APPOINTMENT ORDER DATED 2.11.2015 TO THE POST OF FTM ISSUED BY 5TH RESPONDENT MANAGER.
EXHIBIT P2 A TRUE COPY OF CERTIFICATE OF RASHTRABHASHA VISHARAD ISSUED BY DAKSHINA BHARATH HINDI PRACHARA SABHA DATED 18.5.2019.
EXHIBIT P3 A TRUE COPY OF THE APPOINTMENT ORDER DATED 6.6.2019 ISSUED TO THE PETITIONER TO THE POST OF LG HINDI.
EXHIBIT P4 A TRUE COPY OF ORDER OF 4TH RESPONDENT DATED 18.10.2019.
EXHIBIT P5 A TRUE COPY OF GOVT. ORDER DATED 12.2.2021 REGARDING K TET.
EXHIBIT P6 A TRUE COPY OF COMMUNICATION DATED 5.2.2020 ISSUED BY DAKSHINA BHARATH HINDI PRACHARA SABHA.
EXHIBIT P7 A TRUE COPY OF THE ORDER OF 4TH RESPONDENT DATED 21.4.2021.
EXHIBIT P8 A TRUE COPY OF THE GOVT. ORDER DATED 7.3.2019.
EXHIBIT P9 A TRUE COPY OF NOTIFICATION DATED 27.8.2020 ISSUED BY THE SECOND RESPONDENT.
EXHIBIT P10 A TRUE COPY OF REVISION PETITION FILED UNDER RULE 8A OF CHAPTER XIVA OF KER DATED 28.4.2021.
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