Renjit C.Baby vs State Of Kerala
2021 Latest Caselaw 19314 Ker

WP(C) NO. 18938 OF 2021         1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
                       WP(C) NO. 18938 OF 2021
PETITIONER:

          RENJIT C.BABY
          AGED 55 YEARS
          S/O. C. BABY, PRINCIPAL-IN-CHARGE, M.S.H.S.S FOR
          BOYS, MYNAGAPPALLY, KOLLAM, RESIDING AT CHAKKALYAIL
          NEW VILLA, KADAMPANAD P.O, PATHANAMTHITTA.

          BY ADV B.MOHANLAL



RESPONDENTS:

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

    2     THE DIRECTOR OF GENERAL EDUCATION
          JAGATHY P.O, THIRUVANANTHAPURAM - 695014.

    3     THE DIRECTOR OF HIGHER SECONDARY EDUCATION
          HOUSING BOARD BUILDINGS, SANTHI NAGAR,
          THIRUVANANTHAPURAM - 695001.

    4     THE REGIONAL DEPUTY DIRECTOR,
          HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM.

    5     THE DISTRICT EDUCATIONAL OFFICER
          COLLECTORATE, CUTCHERY P.O, KOLLAM - 691013(MANAGER,
          M.S.H.S.S FOR BOYS, MYNAGAPPALLY, KOLLAM)

          SMT NISHA BOSE SR GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18938 OF 2021                 2

                                   JUDGMENT

The petitioner states that he is presently working as Principal in charge,

Milade Sheriff Higher Secondary School, Karunagappally. He states that he has

got approved service of 29 years in the school. It was by Ext.P8 order that the

4th respondent had approved the appointment of the petitioner as the Principal

in charge. However, thereafter disputes occurred between two factions

concerning the management of the school. He contends that he has submitted

Exts.P10 and P11 representations before respondents 4 and 5 requesting that

the petitioner be promoted to the post of Principal and to approve the

appointment with effect from 1.4.2020. His grievance is that no action is being

taken on the representation submitted by him. According to the petitioner, he

has only 9 months' service left and any delay in considering the representation

would result in prejudice. It is in the afore circumstances that the petitioner is

before this Court seeking directions.

2. Sri.B.Mohan Lal, the learned counsel appearing for the petitioner

submitted that though various other reliefs are sought for, the petitioner would

be satisfied if the 5th respondent is directed to take up Exhibit-P11

representation and take a decision with due notice.

3. I have heard Smt.Nisha Bose, 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 by issuing the

following directions:

a) Without expressing any opinion on the merits of the assertions made

in the representation, there will be a direction to the 5th

respondent to take up, consider and pass appropriate orders on

Ext.P11, after affording an opportunity of being heard, either

physically or virtually, to the petitioner herein or his authorised

representative and other affected parties, if any.

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

event, within a period of two 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 IAP

APPENDIX OF WP(C) 18938/2021

PETITIONER'S EXHIBITS:

Exhibit P1 THE TRUE COY OF THE ORDER NO. 92/2799/HSC/92 DATED 13.06.1994 ISSUED BY THE 3RD RESPONDENT.

Exhibit P2 THE TRUE COPY OF THE ORDER NO.C6/10661/HSE/94 DATED 18.03.1995 ISSUED BY THE 3RD RESPONDENT.

Exhibit P3 THE TRUE COPY OF THE ORDER NO.C1/3215/HSE/95 DATED 18.08.1995 ISSUED BY THE 3RD RESPONDENT.

Exhibit P4 THE TRUE COPY OF THE ORDER NO.C6/7421/HSE/96 DATED 10.03.1997 ISSUED BY THE 3RD RESPONDENT.

Exhibit P5 THE TRUE COPY OF THE CERTIFICATE FOR THE DEPARTMENT TEST OF THE PETITIONER DATED 15.11.2019 ISSUED BY THE P.S.C.

Exhibit P6 THE TRUE COPY OF THE CERTIFICATE FOR THE DEPARTMENT TEST OF THE PETITIONER DATED 30.01.2020 ISSUED BY THE P.S.C.

Exhibit P7 THE TRUE COPY OF THE SENIORITY LIST AS ON 01.01.2020 OF THE M.S.H.S.S MYNAGAPPALLY.

Exhibit P8 THE TRUE COPY OF THE ORDER NO. T.R.O 01/2173/20/HSE DATED 04.05.2020 ISSUED BY THE 4TH RESPONDENT.

Exhibit P9 THE TRUE COPY OF THE ORDER NO.ET1/8146/2020/D.P.I DATED 01.02.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P10 THE TRUE COPY OF THE REPRESENTATION DATED 22.03.2021 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.

Exhibit P11 THE TRUE COPY OF THE REPRESENTATION DATED 17.08.2021 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 4 AND 5 AND THE POSTAL ACKNOWLEDGMENT.

RESPONDENTS' EXHIBITS:

NIL