Sayooj Punnakot vs State Of Kerala
2022 Latest Caselaw 6162 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944

                  WP(C) NO. 17785 OF 2022

PETITIONER/S:

           SAYOOJ PUNNAKOT
           AGED 32 YEARS
           OFFICE ATTENDANT,
           AUP SCHOOL, KAITHAKKAD POST,
           CHERUVATHUR KASARAGOD DISTRICT-671313.

           BY ADV POOVAMULLE PARAMBIL ABDULKAREEM

RESPONDENT/S:

    1      STATE OF KERALA
           REPRESENTED BY THE SECRETARY TO GOVERNMENT,
           GENERAL EDUCATION DEPARTMENT,
           GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001.

    2      DIRECTOR OF GENERAL EDUCATION,
           OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
           JAGATHY, THIRUVANANTHAPURAM-695014.

    3      DISTRICT EDUCATIONAL OFFICER,
           OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
           KANHANGAD, KASARAGODE DISTRICT-671315

    4      ASSISTANT EDUCATIONAL OFFICER,
           OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
           CHERUVATHUR, KASARAGOD DISTRICT-671313.

    5      MANAGER,
           AUP SCHOOL, KAITHAKKAD POST,
           CHERUVATHUR KASARAGOD DISTRICT-671313.

           SMT SABEENA P ISMAIL GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 17785 OF 2022

                                     2


                                JUDGMENT

The petitioner contends that he is working as an Office Attendant in

AUP School, Kaithakkad against a retirement vacancy. Though he has been

working from 01.06.2020 onwards, his pay and allowances have not been

disbursed so far. He contends that based on the request made by the

petitioner herein, the 2nd respondent issued directions to the 4th

respondent to reconsider the issue of approval of the appointment of the

petitioner in the light of Exhibit P8 Government Circular. However, the 4th

respondent has rejected the request. Being aggrieved, the petitioner is

stated to have preferred Exhibit P9 Revision Petition before the 1st

respondent, which is stated to be pending. It is in the afore circumstances

the petitioner has approached this Court seeking for consideration of

Exhibit P9 representation in the light of Exhibit P8 Government Circular and

P3 consent letter submitted by the Manager of the School.

2. Heard Sri. P.P. Abdul Kareem, the learned counsel appearing

for the petitioner and Smt. Nisha Bose, the learned Senior Government

Pleader. In view of the nature of order that I propose to pass, notice to the

5th respondent is dispensed with.

3. After having carefully evaluated the contentions raised in this

writ petition, the submissions made across the Bar and the facts and WP(C) NO. 17785 OF 2022

circumstances, I am of the view that this writ petition can be disposed of 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 revision

petition, after affording an opportunity of being heard,

either physically or virtually, to the petitioner herein or his

authorised representative and the 5th respondent.

b) Orders, as directed above, shall be passed expeditiously,

in any event, within a period of three 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. 17785 OF 2022

APPENDIX OF WP(C) 17785/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 01/06/2020 ISSUED BY THE 5TH RESPONDENT.

Exhibit P2 TRUE COPY OF THE ORDER NO.4611/2020/AEO/K.DIS DATED 26.07.2021 ISSUED BY THE 4TH RESPONDENT.

Exhibit P3 TRUE COPY OF THE CONSENT LETTER DATED 15.06.2020 SUBMITTED BY THE 5TH RESPONDENT.

TRUE COPY OF THE APPEAL DATED 28/07/2021 EXHIBIT P4 SUBMITTED BY THE 5TH RESPONDENT

TRUE COPY OF THE ORDER NO. B5/194282/2021 EXHIBIT P5 DATED 20/09/2021 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P6 TRUE COPY OF THE ORDER NO.G5/14342/DGE/K.DIS DATED 28.02.2022 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P7 TRUE COPY OF THE LETTER NO.C/09/2022/AEO (1) DATED 22.03.2022 ISSUED BY TEH 4TH RESPONDENT

EXHIBIT P8 TRUE COPY OF THE CIRCULAR NO.J2/57/2019/G.Edn. DATED 08/03/2019 ISSUED BY TE 1ST RESPONDENT

EXHIBIT P9 TRUE COPY OF THE REVISION PETITION DATED 06/04/2022 SUBMITTED BY THE PETITIONER.