The Manager, M.M.H.S.School, ... vs State Of Kerala
2022 Latest Caselaw 9958 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

             THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

         WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944

                         WP(C) NO. 28302 OF 2022
PETITIONER/S:

             THE MANAGER, M.M.H.S.SCHOOL, NILAMEL,
             KOLLAM DISTRICT, PIN - 691535.

             BY ADVS.
             P.B.KRISHNAN
             P.B.SUBRAMANYAN
             SABU GEORGE
             MANU VYASAN PETER

RESPONDENT/S:

     1       STATE OF KERALA,
             REPRESENTED BY THE SECRETARY TO THE GENERAL EDUCATION
             DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
             PIN - 695001.

     2       THE SECRETARY, GENERAL EDUCATION DEPARTMENT,
             SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.

     3       DISTRICT EDUCATION OFFICER,
             DISTRICT EDUCATION OFFICE, PUNALUR, NELLIPPALLY P.O.,
             PUNALUR, KOLLAM DISTRICT, PIN - 691305.



             SMT.NISHA BOSE, SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION         ON
31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28302 OF 2022                  2




                                      JUDGMENT

Being aggrieved by Ext.P4 order issued by the 3rd respondent by

which, the respondent has refused to approve the appointment of Smt.

Pooja Lakshmi B., as HST (PS), the petitioner in his capacity as the Manager

is stated to have preferred Ext.P5 revision petition before the 2nd

respondent. In this writ petition, the limited request is for issuance of

directions to the 2nd respondent to consider Ext.P5 and to take a decision.

2. Sri.P.B.Krishnan, the learned counsel appearing for the

petitioner, submits that by Ext.P6 judgment, this Court had directed the 2nd

respondent to consider yet another revision petition and the said matter

stands posted for hearing on 10.9.2022. According to the learned counsel,

directions be issued to consider Ext.P5 as well along with the said matter.

3. Heard the learned Government Pleader, who submits that

both the matters can be considered together.

4. Having regard to the facts and circumstances and the

submissions made across the bar, this writ petition is disposed of directing

the 2nd respondent to consider Ext.P5 revision petition and take a decision

expeditiously, in any event, within a period of two months from the date of

receipt of a copy of this judgment. Before passing orders, the petitioner as

well as the affected parties, if any, shall be afforded an opportunity of being

heard. If the revision petition which is the subject matter of Ext.P6

judgment has not been disposed of then, Ext.P5 revision petition may also

be taken up along with the same. The petitioner shall produce a copy of

this writ petition along with the judgment before the 2nd respondent to

ensure compliance.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE sru

APPENDIX OF WP(C) 28302/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 22.07.2021 ISSUED BY THE MANAGER, M.M.H.S.S, NILAMEL.

Exhibit P2 TRUE COPY OF THE ORDER NO. B4/29980/2021 DATED 17.09.2021 ISSUED BY THE DISTRICT EDUCATION OFFICER, PUNALUR.

Exhibit P3 TRUE COPY OF THE ORDER NO. B6/214915/2021 DATED 23.11.2021 ISSUED BY THE DEPUTY DIRECTOR (EDUCATION), KOLLAM.

Exhibit P4 TRUE COPY OF THE ORDER NO. B4/116935/2021 DATED 22.12.2021 ISSUED BY THE DISTRICT EDUCATION OFFICER, PUNALUR.

Exhibit P5 RUE COPY OF THE REVISION PETITION DATED 21.03.2022 SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY, GENERAL EDUCATION DEPARTMENT.

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 07.06.2022 IN W.P(C) NO. 13964 OF 2022 ON THE FILE OF HON'BLE HIGH COURT, KERALA.

RESPONDENTS EXHIBITS : NIL