Kerala High Court
Jyothish Kumar.M vs State Of Kerala on 7 October, 2022
WP(C) No.27177/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Friday, the 7th day of October 2022 / 15th Aswina, 1944
IA.NO.1/2022 IN WP(C) NO. 27177 OF 2022
PETITIONER/WRIT PETITIONER:
JYOTHISH KUMAR.M., AGED 34 YEARS, S/O. SRI. N.P. MOHAN,
NELLIKUNNATHU HOUSE, PUTHENPEEDIKA, OMALLOOR P.O, PATHANAMTHITTA
DISTRICT, PIN - 689647.
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001.
2. DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION,
THIRUVANANTHAPURAM - 695014.
3. DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA AT THIRUVALLA, PIN -
689101.
4. DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA, PIN - 689645.
5. THE MANAGER, NETAJI HIGH SCHOOL, PRAMADOM, MALLASSERY P.O,
PATHANAMTHITTA DISTRICT, PIN - 689646.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to direct the 1st
respondent not to hear Ext.P5 revision petition, pending decision in the
above writ petition.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S.K.R.KRISHNAKUMARI & M.J.SAJITHA, Advocates for the petitioner in
IA/WPC, the GOVERNMENT PLEADER for R1 to R4 in IA/WPC and of SRI.S.SUBHASH
CHAND, Advocate for R5 in IA/WPC (B/O), the court passed the following:
[P.T.O.]
WP(C) No.27177/2022 2/4
RAJA VIJAYARAGHAVAN V, J.
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W.P(C) No. 27177 of 2022
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Dated this the 7th day of October, 2022
ORDER
I.A. No.1 of 2022
I have heard Smt. K.R. Krishnakumari, the learned counsel appearing
for the petitioner, Sri. Subash Chand, the learned counsel appearing for the
5th respondent and the learned Government Pleader.
2. I find that the petitioner had earlier approached this Court and had
preferred W.P.(C) No.9472 of 2022, and by Ext.P6 judgment, this Court had
directed the 1st respondent to consider the revision petition filed by the
petitioner and pass orders. Admittedly, no orders have been issued by the 1st
respondent to date.
3. While so, the Manager, on the ground that the petitioner being a
graduate is over qualified to hold the post of Full-Time Menial, has issued
Ext.P7 order withdrawing Ext.P1 appointment.
WP(C) No.27177/2022 3/4
W.P. (C) No.27177 of 2022
4. This has led the petitioner to approach this Court with this writ
petition.
5. It is submitted that no purpose would be served by directing the
1st respondent to hear the revision petition in view of the subsequent turn of
events.
6. Having regard to the submissions advanced, as an interim
measure, the 1st respondent is directed to keep in abeyance the hearing of
the revision petition as ordered in Ext.P6 for a period of three weeks.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
NS
07-10-2022 /True Copy/ Assistant Registrar
WP(C) No.27177/2022 4/4
APPENDIX OF WP(C) 27177/2022
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 5TH
RESPONDENT TO THE PETITIONER ON 01.06.2019.
Exhibit P5 TRUE COPY OF THE REVISION PETITION DATED 13.02.2022
SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT
WITH COPY TO ALL OTHER RESPONDENTS.
Exhibit P6 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED
22.06.2022 IN WP(C) NO. 9472/2022.
Exhibit P7 TRUE COPY OF THE ORDER OF THE 5TH RESPONDENT MANAGER
DATED 08.08.2022 HANDED OVER TO THE PETITIONER BY THE
HM ON 16.08.2022.
