Citation : 2022 Latest Caselaw 5928 Ker
Judgement Date : 31 May, 2022
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. 17606 OF 2022
PETITIONER/S:
PARAMBATH RAJAN
AGED 77 YEARS
S/O CHATHU, AGED 77 YEARS, MANAGER,
KARUVANCHERI NORTH LP SCHOOL PALAYAD NADA.P.O,
KOZHIKODE - 673 521
BY ADV M.R.JAYALATHA
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT ,THIRUVANANTHAPURAM-695001.
2 DIRECTOR OF GENERAL EDUCATION,
(FORMERLY DIRECTOR OF PUBLIC INSTRUCTIONS)
DPI JUNCTION, JAGATHY, THIRUVANANTHAPURAM-695014.
3 THE DISTRICT EDUCATION OFFICER
VATAKARA, KOZHIKODE-673101.
4 ASSISTANT EDUCATIONAL OFFICER
VADAKARA, KOZHIKODE-673 101
SRI SUNIL KUMAR KURIAKOSE, SR GP
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. 17606 OF 2022 2
JUDGMENT
The instant writ petition is filed being aggrieved by the
rejection of the application submitted by the petitioner for
approval of a permanent post on various grounds. The
petitioner contends that being aggrieved by Ext.P8 order passed
by the DEO, the petitioner has preferred Ext.P9 revision petition
before the 1st respondent.
2. I have heard Sri.M.R.Jayalatha, the learned counsel
appearing for the petitioner and Sri.Sunil Kumar Kuriakose, the
learned Government Pleader.
3. 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.P9, if the same is in order, after affording an
opportunity of being heard, either physically or
virtually, to the petitioner herein or his authorised
representative.
b) Orders, as directed above, shall be passed
expeditiously, in any event, within a period of four
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,
sru JUDGE
APPENDIX OF WP(C) 17606/2022
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF SMT.
RENJITHA V.K DTD 01/06/2017
Exhibit P2 TRUE COPY OF THE SCHOOL PROFORMA I FOR THE ACADEMIC YEAR 2018-19 IN RESPECT OF THE PETITIONERS SCHOOL
Exhibit P3 A TRUE COPY OF THE LETTER DATED 23/06/2018 SENT BY THE PETITIONER TO THE 4TH RESPONDENT
Exhibit P4 TRUE COPY OF REPORT OF THE 4 RESPONDENT ON 08/02/2019 IN RESPECT TO THE NUMBER OF STUDENTS STUDYING IN THE PETITIONERS SCHOOL
Exhibit P5 TRUE COPY OF THE REJECTION ORDER NO.
K.DIS.DI/03409/2019 DTD 07/03/2019
Exhibit P6 TRUE COPY OF THE APPEAL MEMORANDUM DTD 20/03/2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P7 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO.17669/2020 DATED 15.3.2021
Exhibit P8 A TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 21-12-2021.
Exhibit P9 A TRUE COPY OF THE REVISION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 2.3.2022
RESPONDENTS EXHIBITS : NIL
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