Amal M vs State Of Kerala
2021 Latest Caselaw 23180 Ker

WP(C) NO. 24009 OF 2021           1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943
                     WP(C) NO. 24009 OF 2021
PETITIONER/S:

          AMAL M.,
          AGED 20 YEARS
          S/O. LATE MANIKANDAN C., P.K. NIVAS,
          PALLAYIL, TARUR P.O., PALAKKAD DISTRICT-678544.

          BY ADV U.BALAGANGADHARAN


RESPONDENTS :

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

    2     THE DIRECTOR OF GENERAL EDUCATION,
          (FORMER DIRECTOR OF PUBLIC INSTRUCTIONS) JAGATHY,
          THIRUVANANTHAPURAM-695014.

    3     THE DEPUTY DIRECTOR OF EDUCATION, (DDE),
          CIVIL STATION, PALAKKAD-678001.

    4     THE ASSISTANT EDUCATIONAL OFFICER,
          (AEO), ALATHUR, PALAKKAD-678541.

    5     THE EX-OFFICIO MANAGER,
          (ASSISTANT EDUCATIONAL OFFICER, ALATHUR), AUP SCHOOL,
          TARUR, ALATHUR, PALAKKAD-678544.

    6     THE HEADMISTRESS,
          AUP SCHOOL, TARUR, ALATHUR, PALAKKAD-678544.



          SRI. BIJOY CHANDRAN, SR. GP


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24009 OF 2021                    2




                                   JUDGMENT

Late Sri. C. Manikandan was employed in the AUP School, Tarur as

Office Attendant. While in service, he passed away on 3.11.2019, after a brief

illness. He left behind his wife and two children and this fact would be evident

from Ext.P3 legal heirship certificate. On attaining the age of 18 years, the

petitioner is stated to have preferred Ext.P5 application for compassionate

appointment. The Assistant Educational Officer, Alathur has been appointed as

Ex-officio Manager and he is functioning as such from 23.7.2018 as is evident

from Ext.P1. Ext.P5 application submitted by the petitioner before the 5th

respondent was returned back by Ext.P6 letter on the ground that the Ex-

Officio Manager has only administrative charge and is not empowered to make

appointments. The petitioner contends that the reasoning given in Ext.P6 is

untenable. In the said circumstances, the petitioner is stated to have preferred

Exhibit-P8 revision petition before the 1st respondent, which is stated to be

pending.

2. Sri. Balagangadharan, the learned counsel appearing for the

petitioner submitted that for the time being, the petitioner would be satisfied if

necessary directions are issued to the 1st respondent to take up, consider and

pass expeditious orders on Exhibit-P8 revision petition preferred by the

petitioner within a time frame.

3. I have heard Sri.Bijoy Chandran, the learned Senior Government

Pleader.

4. In view of the nature of the order that I propose to pass, notice to

the 6th respondent is dispensed with.

5. After having carefully evaluated the contentions raised in this writ

petition, the submissions made across the Bar and the facts and

circumstances, I am of the view that this writ petition can be disposed of at

the admission stage itself by issuing the following directions:

a) There will be a direction to the 1st respondent to take up,

consider and pass appropriate orders on Exhibit-P8 revision

petition preferred by the petitioner, as per procedure and in

accordance with the law, after affording an opportunity of being

heard, either physically or virtually, to the petitioner herein or

his authorised representative as well as the 6th respondent.

b) Orders, as directed above, shall be passed expeditiously, in any

event, within a period of three months from the date of

production of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of the writ

petition along with the judgment before the concerned

respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE DSV

APPENDIX OF WP(C) 24009/2021

PETITIONER(S) EXHIBITS

EXHIBIT P1 A TRUE COPY OF ORDER DATED 23/07/2008 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P2 A TRUE COPY OF DEATH CERTIFICATE DATED 24/11/2019 ISSUED BY THE TARUR GRAMA PANCHAYATH.

EXHIBIT P3 A TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 04/05/2020 ISSUED BY THE TAHSILDAR, ALATHUR

EXHIBIT P4 A TRUE COPY OF THE SERVICE CERTIFICATE ISSUED BY THE 6TH RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE APPLICATION DATED 16/04/2021 SUBMITTED BY THE PETITIONER.

EXHIBIT P6 A TRUE COPY OF THE LETTER OF THE SECOND RESPONDENT TO THE 4TH RESPONDENT DATED 23/03/2020.

EXHIBIT P7 A TRUE COPY OF THE LETTER OF THE 4TH RESPONDENT DATED 02/08/2021 ISSUED TO THE 6TH RESPONDENT.

EXHIBIT P8 A TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 07/10/2021.

RESPONDENT(S) EXHIBITS : NIL