Salim.P vs The State Of Kerala
2022 Latest Caselaw 7716 Ker

Citation : 2022 Latest Caselaw 7716 Ker
Judgement Date : 28 June, 2022

Kerala High Court

Salim.P vs The State Of Kerala on 28 June, 2022

WP(C) NO. 21018 OF 2022            1



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                      WP(C) NO. 21018 OF 2022
PETITIONER:

             SALIM.P
             AGED 45 YEARS
             S/O P.PARTHAN, PHYSICAL EDUCATION TEACHER, LUTHERAN
             HIGHER SECONDARY SCHOOL, SOUTH ARYAD, ALAPPUZHA
             DISTRICT-688 006. (RESIDING AT UTHAMANGALAM, S.N.
             PURAM P.O., CHERTHALA, ALAPPUZHA - 688 582).

             BY ADVS.
             V.A.MUHAMMED
             M.SAJJAD


RESPONDENTS:

     1       THE STATE OF KERALA
             REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
             EDUCATION DEPARTMENT, SECRETARIAT ANNEXURE - II,
             THIRUVANANTHAPURAM - 695 001.
     2       THE DIRECTOR OF GENERAL EDUCATION,
             JAGATHY, THIRUVANANTHAPURAM - 695 014.
     3       THE DISTRICT EDUCATIONAL OFFICER,
             CIVIL STATION, ALAPPUZHA-688580
     4       THE CORPORATE MANAGEMENT,
             LUTHERAN SCHOOLS, INDIA EVANGELICAL LUTHERAN CHURCH,
             CLHSS COMPOUND PERUOORKADA, THIRUVANANTHAPURAM -
             695005
     5       THE PRINCIPAL,
             LUTHERAN HIGHER SECONDARY SCHOOL, SOUTH ARYAD,
             ALAPPUZHA DISTRICT-688 006.
             SMT NISHA BOSE, SR GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   28.06.2022,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 21018 OF 2022                2




                                  JUDGMENT

The petitioner states that he was appointed in the Lutheran Higher

Secondary School, South Aryad, as a Physical Education Teacher with effect

from 19.11.2007 to 18.11.2012 and thereafter from 21.11.2012 to

20.11.2017. Later, the appointment was made on a regular basis against a

retirement vacancy with effect from 27.08.2021. However, the approval was

rejected by the DEO. Being aggrieved, the petitioner is stated to have

preferred Ext.P6 revision petition before the Government which is stated to be

pending. It is in the afore circumstances that the petitioner has approached

this Court seeking issuance of directions.

2. Sri.M.Sajjad, the learned counsel appearing for the petitioner

submits that directions be issued to the 1st respondent to consider Ext.P6

revision petition taking note of Exts.P8 to P13.

3. I have heard Smt.Nisha Bose, the learned Senior Government

Pleader and have considered the submissions advanced. In the nature of the

order that I propose to pass, notice to the respondents 4 and 5 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 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 revision petition adverting

to Exts.P8 to P13, after affording an opportunity of being heard,

either physically or virtually, to the petitioner herein or his

authorized representative and the respondents 4 and 5.

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 to ensure compliance.