Rajeevan K vs State Of Kerala
2022 Latest Caselaw 6893 Ker

Citation : 2022 Latest Caselaw 6893 Ker
Judgement Date : 14 June, 2022

Kerala High Court

Rajeevan K vs State Of Kerala on 14 June, 2022

WP(C) NO. 16298 OF 2022          1



              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. 16298 OF 2022
PETITIONER:

          RAJEEVAN K.
          AGED 56 YEARS
          S/O PADMANABHAN ADIYODI, RESIDING AT KALAMULLATHIL
          HOUSE, KODENCHERI,PURAMERI.P.O, KOZHIKODE-673503.
          (WORKING AS PRINCIPAL, KADATHANAD RAJAS HIGHER
          SECONDARY SCHOOL, (KRHSS), PURAMERI, VATAKARA,
          KOZHIKODE).

          BY ADVS.
          C.P.PEETHAMBARAN
          MINI.V.A.



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HIGHER
          SECONDARY EDUCATION, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695001,

    2     THE REGIONAL DEPUTY DIRECTOR OF HIGHER
          SECONDARY EDUCATION,
          KOZHIKODE, OFFICE OF THE REGIONAL DEPUTY DIRECTOR OF
          HIGHER SECONDARY EDUCATION, KALLAI P.O, KOZHIKODE,
          PIN-673 003.

    3     THE MANAGER
          KADATHANAD RAJAS HIGHER SECONDARY SCHOOL, (KRHSS),
          PURAMERI, VATAKARA, KOZHIKODE, PIN- 673 503.

          SMT NISHA BOSE, SR GOVERNMENT PLEADER


     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. 16298 OF 2022                  2




                                   JUDGMENT

The petitioner states that he was appointed as UP Assistant in a leave

vacancy in the Kadathanad Rajas Higher Secondary School with effect from

15.11.1990. He was permanently appointed in the said post on 1.6.1992 and

has been working in the school since then. According to the petitioner, he is

the seniormost HSST and he attained the eligibility to be promoted as Principal

of the school in a retirement vacancy of Smt. Prabha K., who retired on

31.5.2020. The grievance of the petitioner is that the petitioner was appointed

as Principal only on 12.4.2022. In the said circumstances, he submitted Ext.P8

representation before the 2nd respondent, claiming promotion retrospectively.

In this writ petition, the prayer sought for by the petitioner is for a direction to

the 2nd respondent to consider Ext.P8 representation and pass orders in an

expeditious manner.

2. I have heard Sri.C.P.Peethambaran, the learned counsel appearing

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

Pleader. In the nature of the order that I propose to pass, notice to the 3rd

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

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 2nd respondent to take up, consider

and pass appropriate orders on Ext.P8, after affording an

opportunity of being heard, either physically or virtually, to the

petitioner herein or his authorised representative and the 3rd

respondent.

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

to ensure compliance.