The Manager, Aup School vs The State Of Kerala
2022 Latest Caselaw 1386 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                 THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
            TUESDAY, THE 1ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943
                                WP(C) NO. 3239 OF 2022
PETITIONER/S:

             THE MANAGER, AUP SCHOOL,
             IRUMBAKKASSERY, THIRUMITTAKODE P.O.,
             KOOTTENAD VIA, PALAKKAD DISTRICT 679 533.

              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 678 001.

     4        THE ASSISTANT EDUCATIONAL OFFICER,
              THRITHALA, PALAKKAD DISTRICT 679 534.

     5        THE ASSISTANT ENGINEER,
              LOCAL SELF GOVERNMENT DEPARTMENT,
              THIRUMITTACODE GRAMA PANCHAYATH,
              PALAKKAD DISTRICT 679 533.


OTHER PRESENT:

              SMT.NISHA BOSE-SR GP


     THIS     WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
01.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3239 OF 2022
                                2



              BECHU KURIAN THOMAS, J.
          ========================
                W.P.(C) No. 3239 of 2022
          ========================
         Dated this the 1st day of February, 2022

                           JUDGMENT

The statutory authorities rejected the staff fixation as

sought for by the petitioner for the year 2019-20.

Apparently, a new building constructed by the petitioner

was held initially as lacking in the required specifications for

revising the staff fixation for the year 2018-19. Since the

building newly constructed was found to sufficient and staff

fixation revised for 2018-19, petitioner alleged that the

same revision of fixation must occur in 2019-20 also.

Therefore, the petitioner has filed a revision petition under

Rule 12E (3) Chapter XXII of KER, a copy of which is

produced as Ext.P6. The said petition was filed only on

19.01.2022. It is submitted that the delay in considering

the same causes prejudice to the petitioner. WP(C) NO. 3239 OF 2022

2. Having regard to the submissions made as above,

there will be a direction to the 2 nd respondent to consider

and pass appropriate orders on Ext.P6 revision petition, as

expeditiously as possible, at any rate within a period of

three months from the date of receipt of a copy of the

judgment.

The writ petition is disposed of.

Sd/-

BECHU KURIAN THOMAS JUDGE LU WP(C) NO. 3239 OF 2022

APPENDIX OF WP(C) 3239/2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE FITNESS CERTIFICATE DATED 12.07.2018 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER.

EXHIBIT P2 TRUE COPY OF THE FITNESS CERTIFICATE DATED 10.07.2019 ISSUED BY THE ASSISTANT ENGINEER.

EXHIBIT P3 TRUE COPY OF THE G.O.(RT) NO.

5529/2021/G.EDN. DATED 30.11.2021.

EXHIBIT P4 TRUE COPY OF THE ORDER NO.

D.DIS/C/2591/2020 DATED 18.01.2022 OF THE AEO, THRITHALA.

EXHIBIT P5 TRUE COPY OF THE STAFF FIXATION ORDER NO. D.DIS/C/40766/2019 DATED 17.07.2019 FOR THE ACADEMIC YEAR 2019-20 ISSUED BY THE AEO THRITHALA.

EXHIBIT P6 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE DIRECTOR IN TERMS OF RULE 12 E (3) CHAPTER XXII A KER DATED 19.01.2022 (WITHOUT EXHIBITS).

             //    True Copy //      PA To Judge