Febin Nowshad.K.A vs The State Of Kerala
2022 Latest Caselaw 6867 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944

                  WP(C) NO. 19221 OF 2022

PETITIONER/S:

           FEBIN NOWSHAD.K.A.
           AGED 38 YEARS
           SON OF K A ABDULLA HIGH SCHOOL ASSISTANT (HSA)
           (PENDING APPROVAL) A.S. MOHAMMED MEMORIAL HIGHER
           SECONDARY SCHOOL, ALATHUR,
           PALAKKAD DISTRICT-678 541

           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 DISTRICT-678 001

    4      THE DISTRICT EDUCATIONAL OFFICER,
           FORT MAIDAN, PALAKKAD-678 001

    5      THE MANAGER,
           A.S. MOHAMMED MEMORIAL HIGHER SECONDARY SCHOOL AND
           TEACHERS TRAINING INSTITUTE, ALATHUR,
           PALAKKAD DISTRICT-678 541 .

    6      THE PRINCIPAL,
           A.S. MOHAMMED MEMORIAL HIGHER SECONDARY SCHOOL,
           ALATHUR, PALAKKAD DISTRICT-678 541
 WP(C) NO. 19221 OF 2022

                             2


    7      SMT. V. SMITHA,
           UPPER PRIMARY SCHOOL TEACHER,
           A.S. MOHAMMED MEMORIAL HIGHER SECONDARY SCHOOL,
           ALATHUR, PALAKKAD DISTRICT-678 541


           SMT NISHA BOSE SR GP


     THIS WRIT PETITION     (CIVIL) HAVING    COME UP   FOR
ADMISSION ON 14.06.2022,    THE COURT ON     THE SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 19221 OF 2022

                                     3


                               JUDGMENT

Petitioner contends that he was appointed as U.P.S.A in the A.S.

Mohammed Memorial Higher Secondary School, Alathur from 01.06.2010

onwards. Later, he was shifted against a regular vacancy and promoted as

H.S.A (Maths) from 15.07.2021 onwards. It is contended that the 7th

respondent had approached this Court being aggrieved by the rejection of

the approval of her appointment and pursuant to orders passed by this

Court, the Government issued Exhibit P5 order approving her appointment

with effect from 15.1.2010. The petitioner contends that the 7th

respondent was not entitled to ger approval from 15.01.2010 and in the

said circumstances, he has preferred Exhibit P9 Review Petition which is

pending consideration before the Government.

2. Though various other reliefs are sought in the writ petition, when

the matter came up for consideration, the learned counsel appearing for

the petitioner submits the limited request at this stage for issuance of

direction to the 1st respondent to consider Ext.P9 and to take a decision in

an expeditious manner.

3. I have heard the learned Senior Government Pleader. In view of

the nature of the order that I propose to pass, notice to respondents 5 to

7 is dispensed with.

WP(C) NO. 19221 OF 2022

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

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, after

affording an opportunity of being heard, either physically or

virtually, to the petitioner herein or his authorized

representative and the 6th 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. 19221 OF 2022

APPENDIX OF WP(C) 19221/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2010

Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER 01.06.2011

Exhibit P3 TRUE COPY OF THE G.O. (RT.) NO. 5475/ 2018/GEDN DATED 29.12.2018 OF THE GOVERNMENT

Exhibit P4 TRUE COPY OF THE JUDGMENT IN W.P. (C) NO.

11253/2020 DATED 05.10.2021

Exhibit P5 TRUE COPY OF THE G.O. (RT.) NO. 1719/2022/GEDN DATED 16.03.2022 OF THE GOVERNMENT

Exhibit P6 TRUE COPY OF THE FITNESS CERTIFICATE DATED 19.12.2009 ISSUED BY THE ASSISTANT ENGINEER

Exhibit P7 TRUE COPY OF THE STAFF FIXATION ORDER 2010-2011 ISSUED BY THE DEO, PALAKKAD

Exhibit P8 TRUE COPY OF THE ORDER NO. B2/591/2018 DATED 12.04.2019 OF THE DEO, PALAKKAD

Exhibit P9 TRUE COPY OF THE REVIEW PETITION FILED BEFORE THE GOVERNMENT DATED 25.04.2022

Exhibit P10 TRUE COPY OF THE DECISION REPORTED IN 2014 (1) KHC 829 DECIDED ON 13.02.2014