Rejeesh G.S vs The State Of Kerala
2021 Latest Caselaw 19651 Ker

WP(C) NO. 19338 OF 2021       1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                    WP(C) NO. 19338 OF 2021
PETITIONER/S:

          REJEESH G.S.
          UPPER PRIMARY SCHOOL TEACHER (UPST) M V HIGHER
          SECONDARY SCHOOL, ARUMANOOR P.O. POOVAR,
          THIRUVANANTHAUPRAM-695 525.

          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-695 001.

    2     THE DIRECTOR OF GENERAL EDUCATION
          JAGATHY, THIRUVANANTHAPURAM-695 014.

    3     THE DEPUTY DIRECTOR OF EDUCATION
          FORT, THIRUVANANTHAPURAM-695 023.

    4     THE DISTRICT EDUCATIONAL OFFICER
          NEYYATTINKARA, THIRUVANANTHAPURAM-695 121.

    5     THE MANAGER
          M V HIGHER SECONDARY SCHOOL, ARUMANOOR, P.O. POOVAR,
          THIRUVANANTHAPURAM-695 525.



          SMT NISHA BOSE, SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19338 OF 2021                2

                                   JUDGMENT

The petitioner states that he was appointed as UPSA in the M.V. Higher

Secondary School, an aided school under the management of the 5th

respondent on 6.8.2011 against a regular vacancy. He was retrenched from

service with effect from 15.7.2017 while he was in approved service. According

to the petitioner, he ought to been treated as a protected teacher in the same

School. In the said circumstances, he is stated to have submitted Ext.P5

representation before the Government with a request to treat him as a

protected teacher in the parent school with payment of salary from 15.7.2007

till the date of actual deployment on the ground that the undue delay in

appointment of the petitioner and consequential deployment in terms of G.O.

(P) No.29/2016/G.Edn. dated 29.1.2016 was not his fault. The petitioner states

that though the representation was submitted on 10.8.2021, no action has

been taken. It is in the afore circumstances that the petitioner is before this

Court seeking issuance of directions to the 1st respondent to consider and take

a decision on Ext.P5 within a time frame with due notice.

2. I have heard Sri. M.Sajjad, the learned counsel appearing for the

petitioner and the learned Government Pleader. In view of the limited nature

of the relief sought for, 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 at the admission

stage itself by issuing the following directions:

a) Without expressing any opinion on the merits of the

assertions made by the petitioner in Ext.P5, there will be a

direction to the 1st respondent to take up, consider and pass

appropriate orders on Ext.P5 as per procedure and in strict

adherence to the provisions of law, after affording an

opportunity of being heard, either physically or virtually, to the

petitioner herein or his authorised representatives 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 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) 19338/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 6.8.2011.

Exhibit P2            TRUE COPY OF THE JUDGMENT IN WPC
                      NO.11310/2020 DATED 10.6.2020.

Exhibit P3            TRUE COPY OF THE G.O.(P) NO.372/2021/G.EDN.
                      OF THE GOVERNMENT DATED 16.1.2021.

Exhibit P4            TRUE COPY OF THE ORDER NO.B6/20146/2021

DATED 12.7.2021 OF THE DEO, NEYYATTINKARA.

Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE GOVERNEMNT DATED 10.8.2021 (WITHOUT EXHIBITS).

RESPONDENTS EXHIBITS:NIL