Citation : 2022 Latest Caselaw 12419 Ker
Judgement Date : 23 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
WP(C) NO. 42533 OF 2022
PETITIONER/S:
THE MANAGER, (K.R. KOCHUKRISHNAN) ,
AGED 75 YEARS
S/O RAMASWAMI, KANNADI HIGHER SECONDARY SCHOOL,
KANNADI, PALAKKAD - 678 701
(RESIDING AT KADUNGATH HOUSE, THENKURISH P.O.,
PALAKKAD - 678 671).
BY ADVS.
V.A.MUHAMMED
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,
CIVIL STATION, PALAKKAD - 678001.
4 THE DISTRICT EDUCATIONAL OFFICER,
SANTHI NAGAR, SULTANPET, PALAKKAD - 678 014.
5 SMT.DIVYA.D.,
HST ENGLISH, KANNADI HIGHER SECONDARY SCHOOL,
KANNADI, PALAKKAD - 678 701.
SMT NISHA BOSE SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 42533 OF 2022
2
JUDGMENT
The petitioner states that he is the Manager of the Kannadi Higher
Secondary School, Palakkad. He has approached this Court seeking to quash
Exhibits P2 and P3 and for a declaration that the 5th respondent is entitled to
get approval for the appointment covered under Exhibit P1.
2. When this matter was taken up for consideration, Sri. M. Sajjad,
the learned counsel appearing for the petitioner, submits that the petitioner
has preferred Exhibit P9 revision petition before the 1st respondent and
requests that directions be issued to consider the same and take a decision
with due notice.
3. Heard Smt. Nisha Bose, the learned senior Government Pleader.
4. In view of the limited nature of the relief sought, no prejudice
would be caused to the 5th respondent if notice 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 1st respondent to take
up, consider and pass appropriate orders on Ext.P9, WP(C) NO. 42533 OF 2022
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 four 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
avs WP(C) NO. 42533 OF 2022
APPENDIX OF WP(C) 42533/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 09.10.2019.
Exhibit P2 TRUE COPY OF THE ORDER NO. B4/16596/2019/K.DIS DATED 18.11.2019.
Exhibit P3 TRUE COPY OF THE VIDE ORDER NO.
EM(1)/664/2020/DGE DATED 05.08.2020.
Exhibit P4 TRUE COPY OF THE G.O (P) NO. 3/2019/G.EDN.
DATED 28.02.2019.
Exhibit P5 TRUE COPY OF CIRCULAR NO. J2/57/2019/G.EDN DATED 08.03.2019.
Exhibit P6 TRUE COPY OF THE G.O(P) NO. 19/2021/G.EDN DATED 08.11.2021.
Exhibit P7 TRUE COPY OF THE G.O(MS) NO. 111/2022/G.EDN DATED 25.06.2022.
Exhibit P8 TRUE COPY OF THE INTERIM ORDER IN W.A NO.
1681/2022 DATED 13.12.2022.
Exhibit P9 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 16.10.2020.
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