Aneesh P vs The State Of Kerala
2022 Latest Caselaw 863 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

   FRIDAY, THE 21ST DAY OF JANUARY 2022 / 1ST MAGHA, 1943

                    WP(C) NO. 2198 OF 2022

PETITIONER:

          ANEESH P.,
          AGED 35 YEARS,SON OF P.APPU,
          HINDI TEACHER,
          GANDHI SMARAKA UPPER PRIMARY SCHOOL,
          MANGALAM, ANJUMOORTHY,
          PALAKKAD DISTRICT 678 682.
          BY ADVS.
          SRI.V.A.MUHAMMED
          SRI.M.SAJJAD


RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          GENERAL EDUCTION DEPARTMENT,
          SECRETARIAT, ANNEXE II,
          THIRUVANANTHAPURAM 695 001.
    2     THE DISTRICT EDUCATIONAL OFFICER,
          FORT MAIDAN,
          PALAKKAD 678 001.
    3     THE ASSISTANT EDUCATIONAL OFFICER,
          ALATHUR,
          PALAKKAD DISTRICT 678 541.
    4     THE MANAGER,
          GANDHI SMARAKA UPPER PRIMARY SCHOOL,
          MANGALAM, ANJUMOORTHY ,
          PALAKKAD DISTRICT 678 682.
    5     THE HEADMASTER,
          GANDHI SMARAKA UPPER PRIMARY SCHOOL,
          MANGALAM, ANJUMOORTHY,
          PALAKKAD DISTRICT 678 682.
 W.P.(C) No.2198/22                 -:2:-


              SMT.NISHA BOSE, SR.GOVT. PLEADER



       THIS     WRIT   PETITION    (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   21.01.2022,   THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.2198/22                -:3:-




                    BECHU KURIAN THOMAS, J.
                    --------------------------------
                      W.P.(C) No.2198 of 2022
                    ---------------------------------
                Dated this the 21st day of January, 2022

                             JUDGMENT

Petitioner was promoted as a Hindi teacher from the post of

Peon on 15.07.2021. However, his appointment by promotion

was declined by the statutory authority, against which an appeal

was preferred, which was also rejected.

2. Petitioner claims to be an appointee prior to 2012, and

according to him, he is not required to clear the eligibility test

required for teachers.

3. Feeling aggrieved by the rejection of his approval,

petitioner preferred Ext.P8 revision petition under rule 92 of

Chapter XIV-A of the Kerala Education Rules, 1959, which is

pending consideration before the first respondent.

4. Having regard to the circumstances pointed by the

learned counsel for the petitioner and after hearing the learned

Senior Government Pleader, I am of the view that this writ

petition can be disposed of directing Ext.P8 revision petition

petition to be considered in a time bound manner.

Accordingly, I dispose of the writ petition directing the first

respondent to consider and pass appropriate orders on Ext.P8

revision petition as expeditiously as possible, at any rate, within

a period of four months from the date of receipt of a copy of this

judgment, after granting an opportunity of hearing to the

petitioner.

Sd/-

BECHU KURIAN THOMAS JUDGE vps

APPENDIX OF WP(C) 2198/2022

PETITIONER'S/S' EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2011 AND THE APPROVAL RECORDED THEREON.

EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 27.01.2014 AND THE APPROVAL RECORDED THEREON.

EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 15.7.2021.

EXHIBIT P4 TRUE COPY OF THE ORDER NO. F/16540/2021 DATED 08.08.2021 OF THE 3RD RESPONDENT. EXHIBIT P5 TRUE COPY OF THE ORDER NO.

B6/194543/2021/K.DIS. DATED 08.12.2021 OF THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE STAFF LIST OF TEACHERS, BELONGING TO UPS AS ON 01.01.2021. EXHIBIT P7 TRUE COPY OF THE G.O.(RT)NO.

3413/2021/G.EDN. DATED 18.07.2021 OF THE GOVERNMENT.

EXHIBIT P8 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 17.12.2021. (WITHOUT EXHIBITS).