The Manager vs State Of Kerala
2021 Latest Caselaw 21710 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SUNIL THOMAS
     TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
                        WP(C) NO. 23924 OF 2021
PETITIONER/S:

     1     THE MANAGER, AUP SCHOOL, EZHUVANTHALA, NORTH NELLAYA
           P.O., PALAKKAD DISTRICT 679 335

     2     INDU K. UPPER PRIMARY SCHOOL TEACHER, W/O.T.K.SUNIL
           KUMAR, THEKKUMKATT KOLLATHU VALAPPIL HOUSE, CHALISSERY,
           PALAKKAD DISTRICT 679 536

     3     THASNEEM C.P., LOWER PRIMARY SCHOOL TEACHER,
           D/O.C.P.ABDULLAKUTTY, CHERUVATHADI PADINHARETHIL,
           CHALAVARA P.O., PALAKKAD DISTRICT 679 505

           BY ADVS.
           LINDONS C.DAVIS
           E.U.DHANYA


RESPONDENT/S:

     1     STATE OF KERALA
           REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
           EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM
           PIN 695 001

     2     DIRECTOR OF GENERAL EDUCATION
           JAGATHY, THIRUVANANTHAPURAM, PIN 695 033

     3     DISTRICT EDUCATION OFFICER
           OTTAPALAM RAILWAY STATION ROAD, OTTAPALAM 679 101

     4     ASSISTANT EDUCATIONAL OFFICER
           SHORNUR, KACHERIPADY, SHORNUR, PALAKKAD DISTRICT 679 122

           GP BIJOY CHANDRAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23924 OF 2021
                                            2



                                  JUDGMENT

The first petitioner is the Manager and the 2 nd and 3rd

petitioners are teachers appointed in the UPST and LPST on

two different dates in the same school. Appointments were

made to promotion vacancy and retirement vacancy

respectively. The appointments were rejected by Ext.P4

order, on the ground that appointments to future vacancies

shall be filled up by protected teachers relying on Rule 7(2)

of Chapter XXI of Kerala Education Rules. Challenging

Exts.P3 and P4, manager has preferred Exts.P6 and P7

revision petitions before the first respondent. The petitioners

have approached this court contending that there is

considerable delay in disposal of Exts.P6and P7.

2. Heard the learned counsel for the petitioners and

the learned Government Pleader. I am inclined to dispose of

the writ petition by directing that the first respondent shall

take up, consider and pass orders on Exts.P6 and P7 WP(C) NO. 23924 OF 2021

revision petitions, as expeditiously as possible, at any rate,

within a period of three months from the date of receipt of a

copy of this judgment, after giving a reasonable opportunity

of being heard to the first petitioner, physically or online.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE R.AV WP(C) NO. 23924 OF 2021

APPENDIX OF WP(C) 23924/2021

PETITIONER EXHIBITS

Exhibit P1 A COPY OF THE APPOINTMENT ORDER DATED 15.7.2021 ISSUED BY 1ST PETITIONER MANAGER IN FAVOUR OF 2ND PETITIONER

Exhibit P2 A COPY OF THE APPOINTMENT ORDER DATED 13.8.2021 ISSUED IN FAVOUR OF THE 3RD PETITIONER

Exhibit P3 A COPY OF THE NO.K.DIS D/16946/2021 DATED 23.9.2021 OF THE ASSISTANT EDUCATIONAL OFFICER, SHORNUR, REJECTING THE APPOINTMENT OF THE 2ND PETITIONER

Exhibit P4 A COPY OF THE NO.K.DIS D/18511/2021 DATED 23.9.2021 OF THE ASSISTANT EDUCATIONAL OFFICER, SHORNUR, REJECTING THE APPOINTMENT OF THE 3RD PETITIONER

Exhibit P5 A COPY OF GO(MS) NO.3287/2021/G.EDN DATED 6.7.2021

Exhibit P6 A COPY OF THE REVISION FILED BY THE 1ST PETITIONER MANAGER AGAINST THE REJECTION OF THE APPROVAL OF THE 2ND PETITIONER

Exhibit P7 A COPY OF THE REVISION FILED BY THE 1ST PETITIONER MANAGER AGAINST THE REJECTION OF THE APPROVAL OF THE 3RD PETITIONER