Abhinand K. Mohanan vs The State Of Kerala
2022 Latest Caselaw 3378 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
              THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
       TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
                              WP(C) NO. 9602 OF 2022
PETITIONER :

                  ABHINAND K. MOHANAN, AGED 34 YEARS,
                  SON OF LATE MOHANAN .K.R, RESIDING AT KUZHIKKAL HOUSE,
                  P.O.PEZHUMPARA, ARIKKAKKAVU, PATHANAMTHITTA - 689 662.

                  BY ADVS.V.A.MUHAMMED & M.SAJJAD



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 ASSISTANT EDUCATIONAL OFFICER,
                  CIVIL STATION, PATHANAMTHITTA-689 645.

       4          THE MANAGER,
                  DR.PALPU MEMORIAL UPPER PRIMARY SCHOOL, PEZHUMPARA,
                  PATHANAMTHITTA DISTRICT-689 662.

       5          THE HEADMASTER,
                  DR.PALPU MEMORIAL UPPER PRIMARY SCHOOL, PEZHUMPARA,
                  PATHANAMTHITTA DISTRICT-689 662.

                  SMT.NISHA BOSE, SR.GP

THIS       WRIT    PETITION   (CIVIL)    HAVING   COME   UP   FOR   ADMISSION   ON
22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9602 OF 2022

                                          2


                   BECHU KURIAN THOMAS, J
                 ..............................................
                     W.P.(C) No.9602 of 2022
                    .....................................
              Dated this the 22 nd day of March, 2022

                                  JUDGMENT

Petitioner claims to be an applicant for appointment

under Rule 51B of Chapter XIVA of the Kerala

Education Rules. Petitioner contends that his father

expired while in office and that the 4 th respondent

Manager is refusing to grant appointment to the

rightful claim of the petitioner. He has invoked the

jurisdiction of the 3 rd respondent by moving an appeal

dated 11.02.2022 before the 3 rd respondent, as

evidenced by Ext.P7.

2. Having regard to the circumstances, I am of the view

that this writ petition can be disposed of dispensing

with notice to respondents 4 and 5.

3. Accordingly, there will be a direction to the 3 rd WP(C) NO. 9602 OF 2022

respondent to consider Ext.P7, as expeditiously as

possible and pass appropriate orders, after granting an

opportunity of hearing to the 4 th respondent as well as

the petitioner, within a period of 30 days from the

date of receipt of a copy of this judgment.

The writ petition is disposed of.

Sd/-

BECHU KURIAN THOMAS JUDGE AMV/23/03//2022 WP(C) NO. 9602 OF 2022

APPENDIX OF WP(C) 9602/2022

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE DEATH CERTIFICATE OF THE FATHER OF THE PETITIONER ISSUED ON 30.07.2020

Exhibit P2 TRUE COPY OF THE SSLC CERTIFICATE OF THE PETITIONER

Exhibit P3 TRUE COPY OF THE HIGHER SECONDARY SCHOOL CERTIFICATE DATED 22.05.2007

Exhibit P4 TRUE COP OF THE APPLICATION FOR EMPLOYMENT UNDER THE SCHEME DATED 9.11.2021 ALONG WITH ANNEXURE B

Exhibit P5 TRUE COPY OF THE INCOME CERTIFICATE DATED 26.10.2021 ISSUED BY THE VILLAGE OFFICER, VADASSERIKKARA.

Exhibit P6 TRUE COPY OF THE COVERING LETTER ADDRESSED TO THE MANAGER DATED 09.11.2021

Exhibit P7 TRUE COPY OF THE APPEAL PETITION FILED BEFORE THE AEO, PATHANAMTHITTA DATED 11.02.2022