N. Babu vs The State Of Kerala
2022 Latest Caselaw 5933 Ker

Citation : 2022 Latest Caselaw 5933 Ker
Judgement Date : 31 May, 2022

Kerala High Court

N. Babu vs The State Of Kerala on 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. 17523 OF 2022
PETITIONER/S:

            N. BABU
            AGED 52 YEARS
            S/O.KUNHALI, NARIKKUNI, PANTHEERANKAVU P.O.,
            KOZHIKODE - 673 019, MALE GUIDE,
            KERALA SCHOOL FOR THE BLIND, VALLIKKAPATTA P.O.,
            MALAPPURAM - 679 324.

            BY ADVS.
            P.CHANDRASEKHAR
            K.K.MOHAMED RAVUF
            SATHEESH V.T.
            MANJARI G.B.


RESPONDENT/S:

    1       THE STATE OF KERALA
            REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA,
            DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT,
            THIRUVANANTHAPURAM - 695 001.

    2       THE DIRECTOR OF GENERAL EDUCATION
            JAGATHI, THIRUVANANTHAPURAM - 695 014.

    3       THE DEPUTY DIRECTOR OF EDUCATION
            DOWN HILL, MALAPPURAM - 679 328.

    4       THE DISTRICT EDUCATIONAL OFFICER
            CIVIL STATION, MALAPPURAM - 679 328.

    5       THE MANAGER
            KERALA SCHOOL FOR THE BLIND,PO VALLIKKAPATTA,
            MALAPPURAM DISTRICT - 679 324.



            SMT NISHA BOSE, 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. 17523 OF 2022        2




                           JUDGMENT

The petitioner contends that he is a physically challenged

person. With regard to the appointment of a Male Guide in the

Kerala School for the Blind, there was a longstanding dispute

between the petitioner herein and one Musthafa M. It appears

that various Government Orders were passed and the same was

challenged by the petitioner before this Court by filing W.P.(C)

No.23720 of 2021. While the said writ petition was pending

consideration, the petitioner herein and the aforesaid Musthafa

entered into a compromise. As per the terms of Ext.P5

compromise, the Manager and Sri.Musthafa agreed that the

appointment of Sri. N. Babu as Male Guide from 14.2.2011 can

be approved except for the period from 6.1.2014 to 6.1.2017

and that Sri. N. Babu is entitled to all consequential monetary

and other benefits. It appears that in tune with the compromise

entered into between the parties, W.P.(C) No.23720 of 2021 was

disposed of. The grievance of the petitioner herein is that in

spite of the above, DGE has not approved the appointment of

the petitioner. It is in the afore circumstances that the

petitioner is before this Court seeking the following direction:-

i) Issue a writ of mandamus or any other appropriate writ order or direction directing the respondents 2 to 4 to approve the appointment of the petitioner as male guide in the 5th respondent's school and grant to the petitioner all consequential monetary and other benefits without delay forthwith.

2. I have heard Sri.K.K.Mohammed Ravuf, the learned

counsel appearing for the petitioner and Smt.Nisha Bose, the

learned Senior Government Pleader. It is submitted by the

learned government pleader that the request made by the

petitioner can be considered in an expeditious manner.

3. Having regard to the facts and circumstances and the

submissions made across the bar, there will be a direction to

the 2nd respondent to consider the grant of approval of the

petitioner as a Male Guide in the 5th respondent school in the

light of Exts.P5 and P6 and take a decision, with notice to the

petitioner as well as the Manager, expeditiously, in any event,

within a period of three months from the date of receipt of a