Muneer K P vs The State Of Kerala
2021 Latest Caselaw 20215 Ker

WP(C) NO. 29048 OF 2020         1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
                    WP(C) NO. 29048 OF 2020
PETITIONER/S:


          MUNEER K P
          AGED 34 YEARS
          SON OF MOIDU, UPPER PRIMARY SCHOOL ASSISTANT,
          MUDUVANA U P SCHOOL, MUDAVANA, VATAKARA,
          KOZHIKODE DISTRICT-673 623.

          BY ADVS.
          V.A.MUHAMMED
          SRI.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
          KOZHIKODE-673 001.

    4     THE DISTRICT EDUCATIONAL OFFICER
          VATAKARA, KOZHIKODE DISTRICT-673 103.

    5     THE ASSISTANT EDUCATIONAL OFFICER
          VATAKARA, KOZHIKODE DISTRICT-673 103.

    6     THE MANAGER
          MUDUVANA UP SCHOOL, MUDAVANA, VATAKARA,
          KOZHIKODE DISTRICT-673 623.
 WP(C) NO. 29048 OF 2020               2




     7       THE HEADMASTER
             MUDUVANA U P SCHOOL, MUDAVANA, VATAKARA,
             KOZHIKODE DISTRICT-673 623.
             SMT. NISHA BOSE, SR. GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   30.09.2021,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 29048 OF 2020                        3




                                       JUDGMENT

The petitioner contends that he was appointed as UPSA in the

Mudavana UP School, Vadakara as per Ext.P1 order dated 01.06.2016. The

order was approved by the educational authorities. The grievance of the

petitioner is that the emoluments which were being granted to the petitioner

have been stopped on the premise that there is an audit objection by the

DDE. According to the petitioner, he is working against a sanctioned post and

according to him the number of Assistant teachers working in the school does

not exceed the staff fixation orders. It is in the afore circumstances, that this

writ petition is filed seeking the following reliefs:

(i) call for the records relating to Exhibits P-4 and P-5 and set

aside the originals of the same by the issue of a writ of certiorari or

other appropriate writ or order.

(ii) issue a writ of mandamus or other appropriate writ, order

or direction commanding the Respondents to disburse the salary due

to the Petitioner so long as Exhibit P-1 is in force.

2. Sri.M.Sajjad, the learned counsel submits that it was in the

pendency of the Writ Petition, the DGE has issued Ext.P17 order revoking the

approval of the petitioner and being aggrieved the petitioner has preferred

Ext.P18 revision petition before the 1st respondent. It is submitted that in

view of the subsequent turn of events, the petitioner limits his prayer for an

expeditious consideration of Ext.P18 by the Government.

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

consider and pass appropriate orders on Ext.P18, as per

procedure and in strict adherence to the provisions of law. An

opportunity of being heard, either physically or virtually, shall

be afforded to the petitioner or his authorised representative

and the party respondents.

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 NS

APPENDIX OF WP(C) 29048/2020

PETITIONER(S) EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 1.6.2016 AND APPROVAL THEREON.

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS ORDER OF THE MANAGER NO.01/2016 DATED 1.6.2016.

EXHIBIT P3 TRUE COPY OF THE ORDER NO.K.DIS.B5/3198/17 DATED 19.8.2017 OF THE DEO, VATAKARA.

EXHIBIT P4 TRUE COPY OF THE LETTER NO.B/399/20 DATED 11.11.2020 OF THE AEO, VATAKARA.

EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGE OF THE AUDIT OBJECTION.

EXHIBIT P6 TRUE COPY OF THE REPLY AGAINST THE AUDIT OBJECTION DATED 19.2.2020 OF THE HEADMASTER.

EXHIBIT P7 TRUE COPY OF THE STAFF FIXATION ORDER 2015-2016 (NO.D.DIS.B/667/2016 DATED 29.3.2016 OF THE AEO, VATAKARA.

EXHIBIT P8 TRUE COPY OF THE STAFF FIXATION ORDER 2016-2017 (NO.D.DIS.B/4359(1)/2017 DATED 20.12.2017 OF THE AEO, VATAKARA.

EXHIBIT P9 TRUE COPY OF THE STAFF FIXATION ORDER 2017-2018 (NO.D.DIS./B/4359(2)/2017 DATED 20.12.2017 OF THE AEO, VATAKARA.

EXHIBIT P10 TRUE COPY OF THE STAFF FIXATION ORDER 2018-2019 (NO.D.DIS./B/2360/2018 DATED 3.7.2018 OF THE AEO, VATAKARA.

EXHIBIT P11 TRUE COPY OF THE JUDGMENT IN WPC NO.30727/2017 DATED 3.10.2017.

EXHIBIT P12 TRUE COPY OF THE JUDGMENT IN WPC NO.37343/2017 DATED 18.12.2017.

EXHIBIT P13 TRUE COPY OF THE JUDGMENT IN WPC NO.22304/2018 DATED 4.7.2018.

EXHIBIT P14 TRUE COPY OF THE INTERIM ORDER IN WPC NO.27241/2020 DATED 8.12.2020.

EXHIBIT P15 TRUE COPY OF THE JUDGMENT IN WPC NO.27250/2020 DATED 8.12.2020.

EXHIBIT P16 TRUE COPY OF THE JUDGMENT IN WPC NO.28721/2020 DATED 22/12/2020.

Exhibit P17 TRUE COPY OF THE ORDER NO G3/11993/ 2020/DGE/K.DIS DATED 19.4.2021 OF THE 2ND RESPONDENT.

Exhibit P18 TRUE COPY OF THE REVISION PETITION SUBMITTD BEFORE GOVRNMENT DATED 30.7.2021.

RESPONDENT(S) EXHIBITS : NIL