Tijo Y.J vs State Of Kerala
2021 Latest Caselaw 19499 Ker

WP(C) NO. 19215 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. 19215 OF 2021
PETITIONER/S:

          TIJO Y.J
          AGED 36 YEARS
          RESIDING AT AISWARYA, PUTHUVAIKONAM,
          DHANUVACHAPURAM P.O., THIRUVANANTHAPURAM, PIN-695503.

          BY ADVS.
          KULATHUR S.V. PREMAKUMARAN NAIR
          JIBU P THOMAS
          T.ANCY


RESPONDENT/S:

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

    2     THE DIRECTOR OF GENERAL EDUCATION,
          DIRECTORATE OF GENERAL EDUCATION, DPI JUNCTION,
          JAGATHY P.O., THIRUVANANTHAPURAM, PIN-695014.

    3     ASSISTANT EDUCATIONAL OFFICER,
          ASSISTANT EDUCATIONAL OFFICE, PARASSALA,
          PARASSALA P.O., THIRUVANANTHAPURAM DISTRICT,
          PIN-695502.

    4     DISTRICT EDUCATIONAL OFFICER
          DISTRICT EDUCATIONAL OFFICE, NEYATTINKARA,
          NEYATTINKARA P.O., THIRUVANANTHAPURAM, PIN-695121.

    5     THE CORPORATE MANAGER,
          LMS SCHOOLS, LMS COMPOUND, PALAYAM,
          THIRUVANANTHAPURAM, PIN-695033.

          SRI BIJOY CHANDRAN, 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. 19215 OF 2021               2

                                  JUDGMENT

The petitioner states that he is working as a Head Teacher in LMS UPS,

Perimbakonam, an aided school under the management of the 5th respondent

Corporate Manager. He states that he was appointed as UPST with effect from

9.10.2019. Though he is fully qualified for the appointment as Head

Teacher/UPST, the request for approval of his appointment was rejected by the

3rd respondent. The petitioner asserts that there are several vacancies in

various schools under the 5th respondent and according to him, he ought to

have been appointed in any of the vacancies. Seeking reappointment as UPST,

the petitioner is stated to have submitted Ext.P5 representation before the 5th

respondent. It is in the afore circumstances, the petitioner is before this Court

seeking directions.

2. Heard the learned counsel appearing for the petitioner 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.

3. 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.P5 after affording an opportunity of being heard, either

physically or virtually, to the petitioner herein or his authorised

representative.

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.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE sru

APPENDIX OF WP(C) 19215/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTO COPY OF THE ORDER NO.B/608/19/CM DATED 09.10.2019 OF THE CORPORATE MANAGER OF LMS SCHOOLS, THIRUVANANTHAPURAM.

Exhibit P2 TRUE PHOTO COPY OF THE JOINING REPORT DATED 09.10.2019 OF THE PETITIONER.

Exhibit P3 TRUE PHOTO COPY OF THE ORDER NO.C/15922/2019 DATED 21.12.2019 ISSUED BY AEO, PARASSALA.

Exhibit P4 TRUE PHOTO COPY OF THE ORDER NO.B6/192099/2020 DATED 29.09.2020 ISSUED BY DISTRICT EDUCATIONAL OFFICER, NEYATTINKARA.

Exhibit P5 TRUE PHOTO COPY OF THE REPRESENTATION DATED 17.08.2021 SUBMITTED BEFORE THE 5TH RESPONDENT.

RESPONDENTS EXHIBITS:NIL