Citation : 2022 Latest Caselaw 7461 Ker
Judgement Date : 24 June, 2022
WP(C) No.6994/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Friday, the 24th day of June 2022 / 3rd Ashadha, 1944
WP(C) NO. 6994 OF 2022
PETITIONER:
T.R.MAHESHKUMAR, AGED 52 YEARS, S/O THANKAPPAN PILLAI, HIGH SCHOOL
TEACHER (SOCIAL SCIENCE), SNGD VHSS, KUZHIKKALIDAVAKA, KARIMPINPUZHA
(PO) KOLLAM DISTRICT, RESIDING AT 'MADHAVAM', PAVITHRESWARAM,
KOTTARAKKARA, KOLLAM DISTRICT
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001
2. THE DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN-695 033.
3. THE DEPUTY DIRECTOR (EDUCATION), OFFICE OF THE DEPUTY DIRECTOR
(EDUCATION), THIRUVANANTHAPURAM, THIRUVANANTHAPURAM DISTRICT,
PIN-695 001 (3RD AND 4TH LINE OF ADDRESS OF R3 CORRECTED AS "KOLLAM
DISTRICT, PIN 691 001" INSTEAD OF "THIRUVANANTHAPURAM,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 001")
4. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL
OFFICER, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM DISTRICT, PIN-695
001 (3RD AND 4TH LINE OF ADDRESS OF R4 CORRECTED AS "KOTTARAKKARA
(PO), KOLLAM DISTRICT, PIN 691 506" INSTEAD OF "THIRUVANANTHAPURAM,
THIRUVANANTHAPURAM DISTRICT, PIN 695 001". [ADDRESS OF 3RD AND 4TH
RESPONDENTS ARE CORRECTED AS PER ORDER DATED 03.03.2022 IN
I.A.1/2022 IN WP(C)6994/2022.)]
5. THE MANAGER, SNGD VHSS, KUZHIKKALIDAVAKA, KARIMPINPUZHA (PO) KOLLAM
DISTRICT, PIN-691 507
6. SMT. SUNITHA VASANTH, HIGH SCHOOL TEACHER, SNGD VHSS,
KUZHIKKALIDAVAKA, KARIMPINPUZHA (PO) KOLLAM DISTRICT, PIN-691 507
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay Exhibit P2 order of the 4th respondent and further direct
the 3rd respondent to consider Exhibit P3 appeal of the petitioner, after
affording an opportunity of hearing to the petitioner within a time frame
that may fixed by this Hon'ble Court, during the pendency of the Writ
Petition, in the interest of justice.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.B.BIPIN, ARUN BOSE, N.SUNIL JOSEPH & SUNEESH KUMAR R., Advocates for
the petitioner, the court passed the following:
WP(C) No.6994/2022 2/4
RAJA VIJAYARAGHAVAN V, J.
-------------------------------------
W.P.(C) Nos. 6994 & 7204 of 2022
-------------------------------------------
Dated this the 24th day of June, 2022
ORDER
Heard Smt. Rekha Vasudevan, the learned counsel appearing for the
petitioner and Sri.B.Mohanlal, the learned counsel appearing for the Manager
in W.P.(C) No.7204 of 2022, Sri.B.Bipin, the learned counsel appearing for the
petitioner in W.P.(C) 6994 of 2022 as well as the learned Government Pleader.
2. By an interim order dated 21.03.2022, this Court ordered that in
the absence of any stay orders, the statutory authorities were bound to
implement Ext.P12 order in W.P.(C) No. 7204 of 2022.
3. Sri.B.Mohanlal, the learned counsel submits that pursuant to the
said order, the Manager herein had approached this Court and had filed
W.P.(C)13795 of 2022. The petition was disposed of on 12.04.2022 directing
the 1st respondent to pass final orders within a period of 3 months from the
date of receipt of a copy of the judgment. The said period is due to expire on
11.07.2022.
Post on 20.07.2022.
WP(C) No.6994/2022 3/4 W.P.(C) Nos. 6994 & 7204 of 2022
The 1st respondent shall ensure that directions in W.P.(C) No.13795 of
2022 are complied with in its letter and spirit and orders are passed as
directed in the judgment.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
IAP
24-06-2022 /True Copy/ Assistant Registrar
WP(C) No.6994/2022 4/4
APPENDIX OF WP(C) 6994/2022
Exhibit P2 TRUE COPY OF THE ORDER NO B5/1929/2021 DATED 21.2.2022
OF THE 4TH RESPONDENT
Exhibit P3 TRUE COPY OF THE APPEAL DATED 25.2.2022 OF THE
PETITIONER
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