Fasalurahman P K vs State Of Kerala
2021 Latest Caselaw 19906 Ker

WP(C) NO. 19861 OF 2021      1




            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
                    WP(C) NO. 19861 OF 2021




PETITIONER/S:

          FASALURAHMAN P.K.,
          AGED 29 YEARS
          LOWER PRIMARY SCHOOL ASSISTANT, A.M.L.P SCHOOL,
          POONOOR, UNNIKULAM POST, KOZHIKODE DISTRICT-673 574.

          BY ADV. POOVAMULLE PARAMBIL ABDULKAREEM



RESPONDENT/S:



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

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

    3     DISTRICT EDUCATIONAL OFFICER
          OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
          THAMARASSERY, KOZHIKODE DISTRICT-673 028.

    4     ASSISTANT EDUCATIONAL OFFICER,
          OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
          THAMARASSERY, KOZHIKODE DISTIRICT-673 602.

    5     MANAGER,
          A.M.L.P SCHOOL, POONOOR, UNNIKULAM POST, KOZHIKODE
          DISTRICT-673 574.
 WP(C) NO. 19861 OF 2021      2


          SRI. BIJOY CHANDRAN, SR. GP


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19861 OF 2021               3

                                    JUDGMENT

The petitioner states that he is working as LPSA in the AMLP School,

Poonoor, an aided School under the management of the 5th respondent from

01.06.2017 onwards. He contends that though his appointment was initially

rejected, the same was later approved from 15.07.2019 onwards in the scale

of pay on the execution of a bond by the 5th respondent. The grievance of

the petitioner is that the approval, which was granted by the 4th respondent,

is not from the date of appointment, though it is stated so in the order. The

petitioner contends that the denial of approval from the date of appointment,

i.e., on 01.06.2017 is illegal. Stating all these aspects, the petitioner is stated

to have preferred Exhibit-P12 revision petition before the 1st respondent. It is

in the afore circumstances that the petitioner is before this Court seeking

directions.

2. Sri. P.P.Abdul Kareem, the learned counsel appearing for the

petitioner, submitted that the limited request of the petitioner is for an

expeditious consideration and disposal of Ext.P12 revision petition submitted

before the 1st respondent duly adverting to Exts.P6 and P10 and with due

notice.

3. I have heard Sri.Bijoy Chandran, the learned Senior Government

Pleader. In view of the nature of 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 at

the admission stage itself by issuing the following directions:

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

and pass appropriate orders on Ext.P12, as per procedure and in

adherence to the provisions of law and by adverting to Exts.P6

and P10, after affording an opportunity of being heard, either

physically or virtually, to the petitioner herein or his authorised

representative as well as the 5th respondent.

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 DSV

APPENDIX OF WP(C) 19861/2021

PETITIONER(S) EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 1/06/2017 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE ORDER NO K.DIS B/2752/2017 DATED 27.9.2017 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE ORDER NO K.DIS/B2/9590/2017 DATED 12.6.2018 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE APPEAL PETITION DATED 18.7.2018 SUBMITTED BY THE 5TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE CIRCULAR NO. J2/57/2019/G.EDN DATED 8.3.2019 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE BOND DATED 28.6.2019 EXECUTED BY THE 5TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE ORDER NO A.DIS.B/9410/ 2019 DATED 23.12.2019 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE APPEAL PETITION DATED 22.10.2020 SUBMITTED BY THE 5TH RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE ORDER NO.B2/193610/2020 DATED 6.5.2021 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE CIRCULAR NO. J2/21/2020/G.EDN DATED 9.10.2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE STAFF FIXATION ORDER NO.

D.DIS/B/3186/2017 FOR THE YEAR 2017-18 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P12 TRUE COPY OF THE REVISION PETITION DATED 3.9.2021 SUBMITTED BY THE PETITIONER.

RESPONDENT(S) EXBIBITS: NIL