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The Manager, (K.R. ... vs The State Of Kerala
2022 Latest Caselaw 12419 Ker

Citation : 2022 Latest Caselaw 12419 Ker
Judgement Date : 23 December, 2022

Kerala High Court
The Manager, (K.R. ... vs The State Of Kerala on 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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