Sameer P S vs State Of Kerala
2021 Latest Caselaw 20281 Ker

Citation : 2021 Latest Caselaw 20281 Ker
Judgement Date : 30 September, 2021

Kerala High Court

Sameer P S vs State Of Kerala on 30 September, 2021

WP(C) NO. 20594 OF 2021            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. 20594 OF 2021
PETITIONER/S:
          SAMEER P S
          AGED 45 YEARS
          S/O. N. SOMAN, MARUTHI BHAVAN, PLAVODE,
          PULIMATHU P. O., TRIVANDRUM, PIN - 695612.
          (L.G. SANSKRIT TEACHER, D. B.H.S. VAMANAPURAM).

             BY ADVS.
             ALEXANDER JOSEPH
             AKHILASREE BHASKARAN


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

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

     3       THE SECRETARY
             TRAVANCORE DEVASWOM BOARD, NANTHANCODE,
             THIRUVANANTHAPURAM - 695 001.

     4       THE HEAD MASTER
             D.B.H.S. VAMANAPURAM, THIRUVANANTHAPURAM - 695 606.

             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. 20594 OF 2021               2



                                 JUDGMENT

The petitioner states that overlooking the application filed by the

petitioner herein for transfer to DBHS Paripally, a junior in the seniority list

was transferred. In the said circumstances, he is stated to have filed Exhibit-

P2 application before the 3rd respondent. The said application was rejected

by Exhibit-P4 order pursuant to directions issued by this Court. Being

aggrieved by Exhibit-P4 order, the petitioner is stated to have preferred

Exhibit-P5 appeal before the 2nd respondent, which is stated to be pending.

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

directions.

2. Sri. Alexander Joseph, the learned counsel appearing for the

petitioner, submits that the limited request of the petitioner is for issuance of

direction to the 2nd respondent to consider and pass expeditious orders on

Exhibit-P5 appeal.

3. I have heard Smt.Nisha Bose, the learned Senior Government

Pleader and Sri.G.Biju, the learned Standing Counsel, appearing for

respondents 3 and 4.

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 2nd respondent to take up, consider and pass appropriate orders on Exhibit-P5 appeal, 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 representative and the party respondents.

b) Orders shall be passed expeditiously, in any event, within a period of two months from the date of receipt 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.