Daly Scaria vs The State Of Kerala
2022 Latest Caselaw 864 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. 2190 OF 2022

PETITIONER:

          DALY SCARIA,
          AGED 30 YEARS,SON OF FR. BAIJU K M,
          LOWER PRIMARY SCHOOL ASSISTANT,
          AENADI LOWER PRIMARY SCHOOL,
          P.O. AENADI, VAIKOM 686 608,
          KOTTAYAM DISTRICT.
          BY ADVS.
          SRI.V.A.MUHAMMED
          SRI.M.SAJJAD


RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS PRINCIPAL SECRETARY TO
          GOVERNMENT, GENERAL EDUCATION DEPARTMENT ,
          SECRETARIAT, ANNEXE II,
          THIRUVANANTHAPURAM 695 001.
    2     THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHY,
          THIRUVANANTHAPURAM 695 014.
    3     THE DISTRICT EDUCATIONAL OFFICER,
          KADUTHURUTHY,
          KOTTAYAM DISTRICT 686 604.
    4     THE ASSISTANT EDUCATIONAL OFFICER,
          VAIKOM,
          KOTTAYAM DISTRICT 686 141.
    5     THE MANAGER,
          AENADI LOWER PRIMARY SCHOOL P.O.,
          AENADI, VAIKOM 686 608,
          KOTTAYAM DISTRICT.
 W.P.(C) No.2190/22                 -: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.2190/22                     -:3:-




                    BECHU KURIAN THOMAS, J.
                    --------------------------------
                      W.P.(C) No.2190 of 2022
                    ---------------------------------
                Dated this the 21st day of January, 2022

                                 JUDGMENT

Petitioner was appointed as LPSA from 26.07.2021 against

a retirement vacancy. He claims to be duly qualified to be

appointed. However, his approval for appointment was declined

by the statutory authority, against which an appeal was

preferred, which was also rejected.

2. Seeking approval for appointment, petitioner preferred

Ext.P10 revision petition before the first respondent under rule

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

is pending consideration.

3. Having regard to the submissions made 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.P10 revision 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.P10

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) 2190/2022

PETITIONER'S/S' EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 26.07.2021. EXHIBIT P2 TRUE COPY OF THE KTET CERTIFICATE OF THE PETITIONER (CATEGORY-1) DATED 25.11.2018.

EXHIBIT P3 TRUE COPY OF THE KTET CERTIFICATE OF THE PETITIONER (CATEGORY-I1) DATED 25.11.2018.

EXHIBIT P4 TRUE COPY OF THE ORDER NO.C/17376/2021 DATED 24.09.2021 OF THE AEO, VAIKKOM. EXHIBIT P5 TRUE COPY OF THE ORDER NO.

B2/196218/2021 DATED 16.12.2021 OF THE DEO, KADUTHURUTHY.

EXHIBIT P6 TRUE COPY OF THE LETTER NO.

60930/J2/11/G.EDN. DATED 25.10.2011 OF THE GOVT.

EXHIBIT P7 TRUE COPY OF THE G.O.(P) NO.

3/2019/G.EDN. DATED 28.02.2019 OF THE GOVERNMENT.

EXHIBIT P8 TRUE COPY OF THE CIRCULAR NO.

J2/57/2019/G.EDN. DATED 08.03.2019 OF THE GOVERNMENT.

EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN W.A. NO.

2032/2018 DATED 12.03.2019 OF THIS HONBLE COURT.

EXHIBIT P10 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 20.12.2021 (WITHOUT EXHIBITS).