Citation : 2022 Latest Caselaw 7521 Ker
Judgement Date : 24 June, 2022
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. 20599 OF 2022
PETITIONER:
SREEJITH .K.T,
AGED 27 YEARS
SON OF THANKAPPAN K.N, FULL TIME MENIAL, COUNCIL FOR
DEVELOPMENT, HIGHER SECONDARY SCHOOL, MATHUR, PALAKKAD
DISTRICT- 678 571 (RESIDING AT KIDUKATH HOUSE, P.O.
CHENNANGAD, KOTTAYI, PALAKKAD DISTRICT-678 572)
BY ADVS.
V.A.MUHAMMED
V.RAJASEKHARAN NAIR
RESPONDENTS:
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-678 001.
4 THE DISTRICT EDUCATIONAL OFFICER,
FORT MAIDAN, PALAKKAD-678 001.
5 THE MANAGER,
COUNCIL FOR DEVELOPMENT HIGHER SECONDARY SCHOOL &
VOCATIONAL HIGHER SECONDARY SCHOOL, MATHUR, PALAKKAD
DISTRICT-678 571.
SMT NISHA BOSE SR, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20599 OF 2022 2
JUDGMENT
The petitioner states that he was appointed as a Full-Time Menial
in the Council for Development Higher Secondary School & Vocational
Higher Secondary School, Mathur with effect from 1.6.2021 in a promotion
vacancy. It is contended that challenging the refusal to grant approval, the
petitioner has preferred Ext.P6 revision petition before the 1st respondent
which is stated to be pending. The prayer in this writ petition is for
expeditious consideration of Ext.P6
2. Heard Sri. M.Sajjad, the learned counsel appearing for the
petitioner and Smt.Nisha Bose, the learned Senior Government Pleader.
3. In the nature of the order that I propose to pass, notice to the 5th
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.P6 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
sru
APPENDIX OF WP(C) 20599/2022
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2021.
Exhibit P2 TRUE COPY OF THE ORDER NO.B2/24259/21/K.DIS DATED 11.08.2021 OF THE DEO, PALAKKAD, ALONG WITH TYPED COPY.
Exhibit P3 TRUE COPY OF THE ODER NO.B4/12152/2021/L.DIS DATED 17.08.2021 OF THE DDE, PALAKKAD.
Exhibit P4 TRUE COPY OF THE ORDER NO.B2/23015/21 DATED 25.01.2022 OF THE DEO, PALAKKAD.
Exhibit P5 TRUE COPY OF THE APPEAL PETITION FILED BEFORE THE DDE, PALAKKAD BY THE MANAGER OF THE SCHOOL DATED 17.08.2021 (WITHOUT ANNEXURES).
Exhibit P6 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 05.05.2022(WITHOUT EXHIBITS)
RESPONDENTS' EXHIBITS:
NIL
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