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Rijesh Payattattil vs The State Of Kerala
2021 Latest Caselaw 21941 Ker

Citation : 2021 Latest Caselaw 21941 Ker
Judgement Date : 3 November, 2021

Kerala High Court
Rijesh Payattattil vs The State Of Kerala on 3 November, 2021
          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
                     WP(C) NO. 23995 OF 2021
PETITIONER:

    1     RIJESH PAYATTATTIL,
          AGED 44 YEARS
          S/O. MUKUNDAN P., DRAWING TEACHER, RAJA'S KALLAI UP
          SCHOOL, PARAL, THALASSERY 670 102, NOW AT GUPS
          PAPPINISSERY WEST, PAPPINISSERI, KANNUR
          (RESIDING AT SWAGATH BHAVAN, P.O. CHAMPAD,
          THALASSERY 670 694).

          BY ADVS.
          T.T.MUHAMOOD
          V.E.ABDUL GAFOOR
          A.MOHAMMED SAVAD
          JAYENDRAN KOCHOTH
          T.R.VISHNU

RESPONDENTS:

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

    2     THE DIRECTOR OF GENERAL EDUCATION,
          DIRECTORATE OF GENERAL EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM 695 001.

    3     THE DEPUTY DIRECTOR OF EDUCATION,
          OFFICE OF THE DDE, KANNUR 670 003.

    4     THE ASSISTANT EDUCATIONAL OFFICER,
          OFFICE OF THE ARO,
          THALASSERY SOUTH 670 649.

    5     THE MANAGER,
 WPC NO.23995 OF 2021
                                      2

             RAJA'S KALLAI UP SCHOOL, PARAL,
             MADAPEEDIKA, THALASSERY 670 102.

             BY ADV. SRI.BIJOY CHANDRAN, GP

      THIS    WRIT       PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON       03.11.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WPC NO.23995 OF 2021
                                       3




                                JUDGMENT

Dated this the 03rd day of November, 2021

The petitioner was appointed as a teacher in the

UP School on 02.06.2004 against a vacancy which

arose consequent to the death of a teacher. His

appointment was approved with effect from 2012

alone, including him in teachers package. The

petitioner, contending that identically situated

teachers have been granted approval and

consequential benefits with effect from the date of

their initial appointment and claiming its benefit, has

submitted Ext.P5 representation, which is now

pending before the first respondent. The grievance of

the petitioner is that the above representation is not

taken up, though it was filed in November, 2020.

2. After having heard the learned Counsel for

the petitioner and the learned Government Pleader

appearing for respondents 1 to 4, I am inclined to

dispose of the Writ Petition itself with a direction to WPC NO.23995 OF 2021

the first respondent to take up, consider and dispose

of Ext.P5 representation, 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

petitioner and the 5th respondent, either physically or

online.

The Writ Petition is disposed of accordingly.

Sd/-

SUNIL THOMAS

JUDGE SKP/03-11 WPC NO.23995 OF 2021

APPENDIX OF WP(C) 23995/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF APPOINTMENT ORDER DATED 02.06.2004 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF ORDER B/1846/2004/K. DIS DATED 02.09.2004 .

EXHIBIT P3 TRUE COPY OF QUERY RAISED BY ONE SRI.K.

ANOOP.

EXHIBIT P3 (A) TRUE COPY OF LR. NO. 26891/K1/07/G.EDN.

DATED 15.05.2007, OBTAINED UNDER RTI ACT.

EXHIBIT P4 TRUE COPY OF G.O.(P) NO. 116/2012/G.EDN.

DATED 12.04.2012 WITH RELEVANT ANNEXURE.

EXHIBIT P5 TRUE COPY OF REPRESENTATION DATED 14.11.2020 SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT.

EXHIBIT P6 TRUE COPY OF RELEVANT PAGE OF GO (MS) NO. 113/2000/G.EDN. DATED 06.04.2000.

EXHIBIT P7 TRUE COPY OF G.O. (RT) NO.

4337/2016/G.EDN. DATED 23.12.2016.

EXHIBIT P8 TRUE COPY OF GO (RT) NO.

3999/2019/G.EDN. DATED 04.10.2019.

EXHIBIT P9 TRUE COPY OF GO (RT) NO.

3495/2019/G.EDN. DATED 02.09.2019 ( WITH TYPED COPY).

RESPONDENTS' EXHIBITS: NIL

TRUE COPY

P.A.TO JUDGE

 
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