Afsal M vs State Of Kerala
2022 Latest Caselaw 9567 Ker

WP(C) NO. 27467 OF 2022           1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                    WP(C) NO. 27467 OF 2022
PETITIONER :

          AFSAL M, AGED 33 YEARS,
          S/O. ASSAINAR, MANACHITHODI HOUSE,
          CHANGALEERI.P.O.,
          MANNARKKAD, PALAKKAD DISTRICT, PIN-678 762.
          BY ADVS.
          JACOB SEBASTIAN
          K.V.WINSTON
          ANU JACOB

RESPONDENTS :

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

    2     THE DIRECTOR OF GENERAL EDUCATION
          (PUBLIC INSTRUCTION), VAZHUTHACAUD,
          POOJAPPURA ROAD, JAGATHY, THIRUVANANTHAPURAM,
          PIN-695 014.

    3     THE DISTRICT EDUCATIONAL OFFICER,
          MANNARKKAD, DISTRICT EDUCATIONAL OFFICE,
           MANNARKKAD.P.O, PALAKKAD DISTRICT, PIN-678 582.

    4     THE ASSISTANT EDUCATIONAL OFFICER, CHERPULASSERY,
          OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
          CHERPULASSERY, PALAKKAD DISTRICT, PIN-679 503.

    5     THE MANAGER, AIDED UPPER PRIMARY SCHOOL POMBRA,
          KARIMPUZHA, CHERPULASSERY, PALAKKAD DISTRICT,
          PIN-678 595.

          R1 TO R4 BY SMT.NISHA BOSE, SR.GOVERNMENT PLEADER.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27467 OF 2022                    2



                                JUDGMENT

The petitioner contends that he was appointed as UPST in the Aided

Upper Primary School, Pombra, Karimpuzha with effect from 15.07.2019 in an

additional post. The grievance of the petitioner is that the educational

authorities declined to grant approval of his appointment. It is contended that

though an appeal was preferred by the Manager, the same was dismissed by

the 3rd respondent by Ext.P3 order. Challenging Ext.P3 order, the Manager is

stated to have preferred Ext.P4 revision petition before the 2nd respondent

which is pending.

2. When this matter was taken up for consideration, Sri. Jacob

Sebastian, the learned counsel appearing for the petitioner, submitted that the

petitioner would be satisfied if directions are issued to the 2nd respondent to

consider Ext.P4 within a time frame with due notice.

3. Heard Smt. Nisha Bose, the learned Senior Government Pleader.

4. In view of the order that I propose to pass, notice to the 5th

respondent is dispensed with.

5. 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 2nd respondent to take

up, consider and pass appropriate orders on Ext.P4 after

affording an opportunity of being heard, either physically or

virtually, to the petitioner herein or his authorized

representative and the 5th respondent.

b) Orders, as directed above, shall be passed expeditiously,

in any event, within 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) 27467/2022

PETITIONER'S EXHIBITS :

Exhibit P1 A TRUE COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER ISSUED BY THE FIFTH RESPONDENT DATED 15.7.2019.

Exhibit P2 A TRUE COPY OF THE ORDER OF THE FOURTH RESPONDENT DATED 18.10.2019.

Exhibit P3 A TRUE COPY OF THE ORDER OF THE THIRD RESPONDENT DISMISSING THE APPEAL RELATING TO THE APPROVAL OF THE FIRST PETITIONER DATED 15.06.2020.

Exhibit P4 A TRUE COPY OF THE MEMORANDUM OF REVISION FILED BY THE PETITIONER DATED 30.11.2021 CHALLENGING EXHIBIT P3.

Exhibit P5 A TRUE COPY OF THE ORDER OF THE FOURTH RESPONDENT 03.05.2021 APPROVING THE APPOINTMENT OF SMT. THUSHARA JOY.

Exhibit P6 A TRUE COPY OF THE COMMUNICATION DATED 21.05.2018 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, MANNARKAD BLOCK PANCHAYAT, MANNARKKAD, PALAKKAD

Exhibit P7 A TRUE COPY OF THE G.O(P)NO.1/2018/P&ARD DATED 07.01.2018.

RESPONDENT'S EXHIBITS : NIL