P.G.Muhammed vs State Of Kerala
2021 Latest Caselaw 19494 Ker

WP(C) NO. 19174 OF 2021                1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
                      WP(C) NO. 19174 OF 2021
PETITIONER/S:

     1       P.G.MUHAMMED
             AGED 38 YEARS
             HIGH SCHOOL ASSISTANT, SOCIAL SCIENCE,
             PTM HIGHER SECONDARY SCHOOL, KODIYATHOOR,
             CALICUT 673 602

     2       SHAREEFUDHEEN E
             HSA , SOCIAL SCIENCE, PTM HIGHER SECONDARY SCHOOL,
             KODIYATHOOR, CALICUT 673 602

             BY ADV GEORGE ABRAHAM


RESPONDENT/S:

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

     2       DIRECTOR OF GENERAL EDUCATION
             JAGATHY, THIRUVANANTHAPURAM 695 014

     3       DEPUTY DIRECTOR OF EDUCATION
             CALICUT 673 032

     4       DISTRICT EDUCATIONAL OFFICER
             THAMARASSERY, CALICUT 673 573

     5       CORPORATE MANAGER
             ERANADU MUSLIM EDUCATIONAL ASSOCIATION, KONDOTTY
             P.O, MALAPPURAM DISTRICT 673 638

             SMT NISHA BOSE, SR GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   16.09.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 19174 OF 2021                   2



                                     JUDGMENT

Being aggrieved by the rejection of approval from the date of their

appointment as HSAs, the petitioners' herein are stated to have preferred

statutory revision petitions before the Government as is evident from Exts.P8

and P9. When the matter was taken up, the learned counsel appearing for

the petitioners submits that necessary directions be issued to the 1st

respondent to consider and pass appropriate orders on Exts.P8 and P9

Revision Petitions with notice to the petitioners.

2. The learned Government Pleader submits that there is no

impediment in considering the said request of the petitioners.

3. Heard the learned counsel appearing for the petitioners and the

learned Government Pleader. In view of the nature of the order that I

propose to pass, notice to the 5th respondent is dispensed with.

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

consider and pass appropriate orders on Exts.P8 and P9,

after affording an opportunity of being heard, either

physically or virtually, to the petitioners herein or their

authorised representative as well as the party

respondents/affected parties, if any.

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.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE sru

APPENDIX OF WP(C) 19174/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER IN FAVOUR OF THE 1ST PETITIOENR DATED 01-06-

Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 18-06-2018

Exhibit P3 TRUE COPY OF THE ORDER PASSED BY THE DISTRICT EDUCATIONAL OFFICER, THAMARASSERY DATED 26-02-2020

Exhibit P4 TRUE COPY OF THE FIRST TWO PAGES OF THE SERVICE BOOK OF P. HABEEBALI

Exhibit P5 TRUE COPY OF THE JUDGMENT IN WP(C) NO.

7691/2019 DATED 02-08-2021

Exhibit P6 TRUE COPY OF THE ORDER PASSED BY THE DISTRICT EDUCATIONAL OFFICER REJECTING THE APPROVAL OF APPOINTMENT OF THE 1ST PETITIONER DATED 04-09-2021

Exhibit P7 TRUE COPY OF THE ORDER ISSUED BY THE DISTRICT EDUCATIONAL OFFICER DATED 04-09- 2021 WITH RESPECT TO THE 2ND PETITIONER.

Exhibit P8 TRUE COPY OF THE REVISION FILED BY THE 1ST PETITIONER DATED 05-09-2021 BEFORE THE 1ST RESPONDENT.

Exhibit P9 TRUE COPY OF THE REVISION FILED BY THE 2ND PETITIONER DATED 05-09-2021 BEFORE THE 1ST RESPONDENT.

RESPONDENTS EXHIBITS:NIL