P.M.Radhakrishnan, Manager Of ... vs State Of Kerala
2022 Latest Caselaw 5922 Ker

WP(C) NO. 16129 OF 2022          1



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                      WP(C) NO. 16129 OF 2022


PETITIONER:


          P.M.RADHAKRISHNAN,
          AGED 77 YEARS
          S/O. LATE M.ANANDAN, MANAGER OF KUTHUPARAMBA U.P
          SCHOOL, P.O.KUTHUPARAMBA, RESIDING AT SREEKRISHNA
          NIVAS, P.O.KUTHUPARAMBA, KANNUR DISTRICT, PIN -
          670643

          BY ADV R.SURENDRAN


RESPONDENTS:


    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    2     THE DIRECTOR OF GENERAL EDUCATION
          DIRECTORATE OF GENERAL EDUCATION, JAGATHI,
          THIRUVANANTHAPURAM, PIN - 695014

    3     THE DEPUTY DIRECTOR OF EDUCATION
          OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KANNUR
          DISTRICT, KANNUR, PIN - 670002

    4     THE ASSISTANT EDUCATIONAL OFFICER
          KUTHUPARAMBA, P.O.KUTHUPARAMBA, KANNUR DISTRICT,
          PIN - 670643

    5     C.MUNEER
          AGED 42 YEARS
          S/O. MOIDU, RESIDING AT DARUL HUDA, MOUVERI,
          KOTTAYAM MALABAR.P.O, KANNUR DISTRICT, PIN - 670643

           SMT NISHA BOSE, SR GOVERNMENT PLEADER
 WP(C) NO. 16129 OF 2022           2



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   31.05.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 16129 OF 2022                3




                                  JUDGMENT

The petitioner herein is the approved Manager of the Kuthuparamba

U.P.School. He has approached this Court seeking direction to the 3rd

respondent to deploy a protected teacher in the Kuthuparamba UP School in

the suspension vacancy of the 5th respondent, before the commencement of

the Academic year 2022-23 or in the alternative to permit the petitioner to fill

up the vacancy of the Arabic teacher in the Kuthuparamba UP School by

appointing an Arabic teacher on a daily wage basis.

2. Heard Sri.Surendran, the learned counsel appearing for the

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

3. It appears from the submissions advanced by the learned

Government Pleader that as of date, there are no protected teachers

available for deployment to the school in question. It is submitted that till

protected teachers are deployed in the School, the Manager can be permitted

to appoint an Arabic teacher on a daily wage basis.

In that view of the matter, this writ petition is disposed of directing the

petitioner herein to appoint an Arabic Teacher on a daily wage basis subject

to the condition that as and when protected teacher is available for

deployment and the said fact is informed by the concerned respondent, the

said protected teacher shall be deployed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE IAP

APPENDIX OF WP(C) 16129/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE SUSPENSION ORDER DATED 15-4-2017 ISSUED BY THE PETITIONER AS THE MANAGER OF KUTHUPARAMBA U.P SCHOOL

Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER IN RESPECT OF SRI.ABDUL SHUKOOR.M AS ARABIC TEACHER IN THE KUTHUPARAMBA U.P SCHOOL WITH ORDER OF APPROVAL DATED 1-2-2018 ISSUED BY THE 4TH RESPONDENT

Exhibit P3 TRUE COPY OF THE LETTER DATED 27-5-2019 ISSUED BY THE 4TH RESPONDENT TO THE HEADMISTRESS OF KUTHUPARAMBA U.P SCHOOL

Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED 11-

7-2019 IN W.P.(C) NO.18924 OF 2019 OF HIGH COURT OF KERALA

Exhibit P5 TRUE COPY OF THE ORDER DATED 31-10-2019 ISSUED BY THE THIRD RESPONDENT

Exhibit P6 TRUE COPY OF THE RELIEVING ORDER DATED 22-11-2021 IN RESPECT OF SRI.RIYAS.P, L.G ARABIC

Exhibit P7 TRUE COPY OF THE LETTER DATED 29-12-2021 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT

Exhibit P8 TRUE COPY OF THE REPLY DATED 11-1-2022, ISSUED BY THE THIRD RESPONDENT

RESPONDENTS' EXHIBITS:

NIL