Citation : 2022 Latest Caselaw 8633 Ker
Judgement Date : 6 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 21949 OF 2022
PETITIONER/S:
EBI J SABU
AGED 28 YEARS
S/O. M. SABU, LOWER PRIMARY SCHOOL ASSISTANT,
L.M.L.P.S. MUHAMMA, ALAPPUZHA - 688 525,
RESIDING AT SJ BHAVAN, OLATHANNI, NEYYATTINKARA-695121.
BY ADV. VISHNU S CHEMPAZHANTHIYIL
RESPONDENT/S:
1 THE MANAGER, CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS,
THIRUVANANTHAPURAM SYNOD (INDIA EVANGELICAL LUTHERAN
CHURCH), CONCORDIA LUTHERAN HIGHER SECONDARY SCHOOL
COMPOUND, PEROORKADA, THIRUVANANTHAPURAM -695 005.
2 THE CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS,
REPRESENTED BY ITS MANAGER, THIRUVANANTHAPURAM SYNOD
(INDIA EVANGELICAL LUTHERAN CHURCH), CONCORDIA LUTHERAN
HIGHER SECONDARY SCHOOL COMPOUND, PEROORKADA,
THIRUVANANTHAPURAM-695 005
3 THE DISTRICT EDUCATIONAL OFFICER,
MEDICAL COLLEGE JUNCTION, ALAPPUZHA - 688 005.
4 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM - 695 014.
5 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
SMT ANIMA, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21949 OF 2022 2
JUDGMENT
The writ petition is filed seeking the following reliefs :-
1. a writ of mandamus or other appropriate writ, order or direction directing the 1st respondent to consider and pass orders on Exhibit P2 and P3.
2. a writ of mandamus or other appropriate writ, order or direction directing the respondents to consider transferring the petitioner as LPSA to any one of the vacancies of LPSA available at Ponvila Lutheran School, Parassala.
2. I have heard Sri.Vishnu S. Chempazhanthiyil, the learned
counsel appearing for the petitioner who submitted that the limited request
of the petitioner at this stage is for a consideration of Ext.P3 by the 1st
respondent and to take a decision on its merits.
3. Heard the learned Government Pleader as well. In the nature
of the order that I propose to pass, notice to the 1st respondent is
dispensed with.
4. 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.P3, after affording an opportunity of being heard,
either physically or virtually, to the petitioner herein or his
authorised representative.
b) Orders, as directed above, shall be passed
expeditiously, in any event, within a period of two 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
sru
APPENDIX OF WP(C) 21949/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 1ST RESPONDENT VIDE NO.66/16 DATED 1/6/2016.
Exhibit P2 TRUE COPY OF THE REQUEST DATED 5.10.2021 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF THE REQUEST DATED 15.06.2022 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.
RESPONDENTS EXHIBITS : NIL
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