Sinu M. Mathew vs The State Of Kerala
2021 Latest Caselaw 20706 Ker

WP(C) NO. 21030 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. 21030 OF 2021
PETITIONER/S:

             SINU M. MATHEW
             AGED 25 YEARS
             SON OF MONI MATHEW, FULL-TIME MENIAL
             ST.THOMAS HIGHER SECONDARY SCHOOL, KADAMPANAD,
             PATHANAMTHITTA DISTRICT-691533.

             BY ADVS.
             V.A.MUHAMMED
             M.SAJJAD



RESPONDENTS:

     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 DISTRICT EDUCATIONAL OFFICER
             CIVIL STATION, PATHANAMTHITTA-689645.

     4       THE MANAGER,
             ST.THOMAS HIGHER SECONDARY SCHOOL, KADAMAPANAD,
             PATHANAMTHITTA DISTRICT-691553.

     5       THE PRINCIPAL,
             ST.THOMAS HIGHER SECONDARY SCHOOL, KADAMPANAD,
             PATHANAMTHITTA DISTRICT-691553.

             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. 21030 OF 2021                2

                                  JUDGMENT

The petitioner states that he was appointed as a Full-Time Menial in

St.Thomas Higher Secondary School, Kadampanad, an aided school under the

management of the 4th respondent on 1.7.2021. The said appointment was

made against the promotion vacancy of one Liju K. Mathew, an approved Full-

Time Menial, who in turn was promoted as Office Assistant with effect from

1.6.2021. The petitioner contends that his approval was rejected by the DEO.

Being aggrieved, the petitioner is stated to have filed Ext.P7 appeal before the

2nd respondent under Rule 8A of Chapter XIVA of the KER. It is in the afore

circumstances that the petitioner is before this Court seeking to quash Ext.P4

and for further directions.

2. Sri. M.Sajjad, the learned counsel appearing for the petitioner

submitted that though various reliefs are claimed, at this stage, the limited

request of the petitioner is for issuance of directions to the 2nd respondent to

consider Ext.P7 appeal in an expeditious manner with due notice.

3. I have heard Smt.Nisha Bose, the learned Senior Government

Pleader.

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

party respondents 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 2nd respondent to take up,

consider and pass appropriate orders on Ext.P7 appeal, as

per procedure and in accordance with law, after affording

an opportunity of being heard, either physically or

virtually, to the petitioner herein or his authorised

representative and respondents 4 and 5.

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 sru

APPENDIX OF WP(C) 21030/2021

PETITIONER(S) EXHIBITS

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.07.2021

EXHIBIT P2 TRUE COPY OF THE G.O.(P)NO.3/2019/G.EDN.

DATED 28.02.2019 OF THE GOVERNMENT

EXHIBIT P3 TRUE COPY OF THE CIRCULAR NO.J2/57/2019/G.EDN.DATED 08.03.2019 OF THE GOVERNMENT

EXHIBIT P4 TRUE COPY OF THE ORDER NO.B5/24261/2021 DATED 01.09.2021 OF THE DEO, PATHANAMTHITTA

EXHIBIT P5 TRUE COPY OF THE LETTER NO.60930/J2/11/G.EDN. DATED 25.10.2011 OF THE GOVERNMENT.

EXHIBIT P6          TRUE COPY OF THE JUDGMENT IN
                    W.A.NO.2032/2018 DATED 12.03.2019

EXHIBIT P7          TRUE COPY OF THE APPEAL PETITION SUBMITTED

BEFORE THE GOVERNMENT DATED 14.09.2021.

RESPONDENT(S) EXHIBITS : NIL