Kerala High Court
The Manager vs The State Of Kerala on 5 October, 2021
WP(C) NO. 21040 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
WP(C) NO. 21040 OF 2021
PETITIONER/S:
1 THE MANAGER
KALOTH-NEDIYIRIPPU AMLP SCHOOL, KONDOTTY P.O.,
MALAPPURAM DISTRICT-673638.
2 MUHAMMED IMTHIYAS V.P.,
LPSA, KALOTH-NEDIYIRIPPU AMLP SCHOOL,
KONDOTTY P.O., MALAPPURAM DISTRICT-673638.
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695014.
3 THE DEPUTY DIRECTOR OF EDUCATION
DOWN HILL, MALAPPURAM-676519.
4 THE DISTRICT EDUCATIONAL OFFICER
MALAPPURAM DISTRICT-680020.
5 THE ASSISTANT EDUCATIONAL OFFICER
KONDOTTY, MALAPPURAM DISTRICT-673638.
SMT NISHA BOSE, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 21040 OF 2021 2
JUDGMENT
The 1st petitioner herein is the Manager of AMLP School, Kaloth,
Malappuram District and the 2nd petitioner is working as LPSA in the School
with effect from 12.6.2018. The petitioners contend that the 2nd petitioner
was appointed against the leave vacancy for the period from 2.7.2016 to
2.7.2021. However, the request for approval was rejected by the AEO as per
Ext.P3 order on the ground that leave vacancies having three months duration
needs to be filled up by protected teachers in terms of Circular
No.951951/J2/16 dated 9.11.2016. The said order was upheld by respondents
3 and 4. Being aggrieved, the 1st petitioner is stated to have preferred
Ext.P6 revision petition before the 1st respondent. Apprehensive of the delay
in considering the revision petition, the petitioners are before this Court
seeking directions.
2. Sri. M.Sajjad, the learned counsel appearing for the petitioner
submitted that the limited request of the petitioners is for issuance of
directions to the 1st respondent to consider Ext.P6 revision petition in an
expeditious manner with due notice.
3. I have heard Sri.Bijoy Chandran, the learned Senior Government
Pleader.
4. 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 Ext.P6, as per procedure and in
adherence to the provisions of law, after affording an opportunity
of being heard, either physically or virtually, to the petitioners
herein or their authorised representative.
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 petitioners 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
sru
APPENDIX OF WP(C) 21040/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PROCEEDINGS OF THE SENIOR
ADMINISTRATIVE OFFICER VIDE ORDER NO.SC(2)
38120/2016/DPI DATED 25.06.2016
SANCTIONING LEAVE TO SMT.SAMSHEERA K.P.
Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE
2ND PETITIONER DATED 02.07.2016.
Exhibit P3 TRUE COPY OF THE ORDER NO.F/4459/16 DATED
30.03.2017 OF THE AEO, KONDOTTY.
Exhibit P4 TRUE COPY OF THE ORDER NO.K.DIS
B1/2135/2017 DATED 09.11.2017 OF THE DEO,
MALAPPURAM.
Exhibit P5 TRUE COPY OF THE ORDER
NO.G2/271000/2018/DGE/K.DIS DATED
10.03.2020 OF THE DIRECTOR.
Exhibit P6 TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE MANAGER BEFORE THE
GOVERNMENT DATED 20.03.2021.
Exhibit P7 TRUE COPY OF THE G.O(P)NO.134/2016/G.EDN
DATED 05.08.2016.
RESPONDENTS EXHIBITS:NIL
