Kerala High Court
Kunhami N vs State Of Kerala on 12 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
WP(C) NO. 13161 OF 2023
PETITIONERS:
1 KUNHAMI N.
AGED 44 YEARS
W/O. MOIDEEN, L.P. SCHOOL TEACHER,
MUYIPPOTH MAPPILA U.P. SCHOOL, MUYIPPOTH P.O.,
MELADI SUB DISTRICT, VADAKARA EDUCATION DISTRICT,
KOZHIKODE, PIN - 673524
2 SWAPNA V.P.
AGED 37 YEARS
D/O. NARAYANAN, FORMER L.P. SCHOOL TEACHER,
MUYIPPOTH MAPPILA L.P. SCHOOL, MUYIPPOTH P.O.,
MELADI SUB DISTRICT, VADAKARA EDUCATION DISTRICT,
KOZHIKODE, PIN - 673524
3 ADARSH M.
AGED 24 YEARS
S/O. MURALEEDHARAN, U.P. SCHOOL TEACHER, MUYIPPOTH
MAPPILA U.P. SCHOOL, MUYIPPOTH P.O., MELADI SUB
DISTRICT, VADAKARA EDUCATION DISTRICT,
KOZHIKODE, PIN - 673524
4 MIDHUN V.
AGED 33 YEARS
S/O.KUNHIKKANNAN, U.P. SCHOOL TEACHER, MUYIPPOTH
MAPPILA U.P. SCHOOL, MUYIPPOTH P.O., MELADI SUB
DISTRICT, VADAKARA EDUCATION DISTRICT,
KOZHIKODE, PIN - 673524
5 FILSHANA MISBA N.T.
AGED 31 YEARS
D/O. ABDURAHIMAN, L.P. SCHOOL TEACHER, MUYIPPOTH
MAPPILA U.P. SCHOOL, MUYIPPOTH P.O., MELADI SUB
DISTRICT, VADAKARA EDUCATION DISTRICT,
KOZHIKODE, PIN - 673524
6 ABDUL HAZEEB A.K.
AGED 30 YEARS
S/O. ASHRAF, U.P. SCHOOL TEACHER, MUYIPPOTH MAPPILA
U.P. SCHOOL, MUYIPPOTH P.O., MELADI SUB DISTRICT,
VADAKARA EDUCATION DISTRICT, KOZHIKODE, PIN - 673524
7 MUHAMMED SHAFI T.
AGED 23 YEARS
S/O.KUNHABDULLA, U.P. SCHOOL TEACHER, MUYIPPOTH MAPPILA
U.P. SCHOOL, MUYIPPOTH P.O., MELADI SUB DISTRICT,
VADAKARA EDUCATION DISTRICT, KOZHIKODE, PIN - 673524
8 ARUN M.K.
WP(C) NO. 13161 OF 2023
2
AGED 27 YEARS
S/O. NARAYANAN, OFFICE ATTENDANT, MUYIPPOTH
MAPPILA U.P. SCHOOL, MUYIPPOTH P.O.,
MELADI SUB DISTRICT,
VADAKARA EDUCATION DISTRICT,
KOZHIKODE, PIN - 673524
BY ADV DINESH KUMAR K.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEX-II,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION
KOZHIKKODE, PIN - 673001
4 THE DISTRICT EDUCATIONAL OFFICER
MINI CIVIL STATION, VADAKARA,
KOZHIKODE., PIN - 673101
5 THE ASSISTANT EDUCATIONAL OFFICER
MELADY SUB DISTRICT, PAYYOLI,
KOZHIKKODE, PIN - 673522
6 THE MANAGER
MUYIPPOTH MAPPILA U.P. SCHOOL,
MUYIPPOTH P.O., MELADI SUB DISTRICT,
VADAKARA EDUCATION DISTRICT,
KOZHIKODE, PIN - 673524
OTHER PRESENT:
SMT.NISHA BOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 13161 OF 2023
3
P.V.KUNHIKRISHNAN, J.
===================
WP(C) No. 13161 OF 2023
===================
Dated this the 12th day of April 2023
JUDGMENT
The above writ petition is filed with the following
prayers;
" i) Issue a writ of mandamus or other
appropriate writ, order or direction commanding the 5 th
respondent to approve the appointment of the petitioners
and grant the attendant benefits forthwith.
ii) Issue a writ of mandamus or other
appropriate writ, order or direction commanding the 2 nd
respondent to consider and issue orders on Ext. P24
revision appeal which was submitted by the petitioners
after affording an opportunity to hear the petitioners.
iii) Dispense with filing of the translation of
vernacular documents
iv) Pass such other order or direction which this
Hon'ble Court may deem fit and proper to grant in the
circumstances of the case. " (SIC)
2. When this writ petition came up for consideration,
the learned counsel for the petitioners submitted that, they
will be satisfied if a direction is issued to the 2 nd respondent
to consider and pass appropriate orders in Ext.P24 revision
WP(C) NO. 13161 OF 2023
within a time frame.
3. Heard the learned Counsel for the petitioners and
the learned Government Pleader.
4. After hearing both sides, I think this writ petition
itself can be disposed of directing the 2 nd respondent to
consider and pass appropriate orders in Ext.P24 revision with
notice to the petitioners.
Therefore, this writ petition is disposed of with the
following directions;
i. The 2nd respondent is directed to consider and pass
appropriate orders in Ext.P24 revision, as expeditiously as
possible, at any rate, within a period of three months from
date of receipt of a copy of the judgment,
ii. Before passing final orders, the 2 nd respondent will
give an opportunity of hearing to the petitioners.
iii. The petitioners will produce a certified copy of this
judgment before the 2nd respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN
LU JUDGE
WP(C) NO. 13161 OF 2023
APPENDIX OF WP(C) 13161/2023
PETITIONER EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE G.O. (RT)
NO.7603/2022/G. EDN. DATED 03/12/2022
EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER DATED
06/06/2019
EXHIBIT P3 TRUE COPY OF THE ORDER NO. C/24802/2022
DATED 18/05/2022
EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER DATED
06/06/2019
EXHIBIT P5 TRUE COPY OF THE ORDER NO. C/10868/2019
DATED 14/12/2019.
EXHIBIT P5(A) TRUE COPY OF THE ORDER NO.
B5/192195/2020 DATED 04/10/2020
EXHIBIT P6 TRUE COPY OF THE APPOINTMENT ORDER DATED
15/07/2019
EXHIBIT P7 TRUE COPY OF THE ORDER NO. C/11866/2019
DATED 14/12/2019.
EXHIBIT P8 TRUE COPY OF THE ORDER NO.
B5/191160/2020 DATED 06/09/2020
EXHIBIT P9 TRUE COPY OF THE ORDER DATED 10/01/2023
ISSUED BY THE 6TH RESPONDENT
EXHIBIT P10 TRUE COPY OF THE APPOINTMENT ORDER DATED
01/08/2019
EXHIBIT P11 TRUE COPY OF THE APPOINTMENT ORDER DATED
01/01/2020
EXHIBIT P12 TRUE COPY OF THE APPOINTMENT ORDER DATED
16/07/2021
EXHIBIT P13 TRUE COPY OF THE ORDER NO. C/15289/2021
DATED 23/09/2021
EXHIBIT P14 TRUE COPY OF THE ORDER NO.
B5/195679/2021 DATED 17/01/2023.
EXHIBIT P15 TRUE COPY OF THE APPOINTMENT ORDER
17/07/2021
EXHIBIT P16 TRUE COPY OF THE ORDER NO. C/18042/2021
DATED 21/09/2021
EXHIBIT P17 TRUE COPY OF THE ORDER NO.
B5/195678/2021 DATED 17/01/2023
EXHIBIT P18 TRUE COPY OF THE APPOINTMENT ORDER DATED
19/07/2021
EXHIBIT P19 TRUE COPY OF THE ORDER NO. C/18040/2021
WP(C) NO. 13161 OF 2023
DT. 23/09/2021
EXHIBIT P20 TRUE COPY OF THE ORDER NO.
B5/195677/2021 DT. 17/01/2023
EXHIBIT P21 TRUE COPY OF THE APPOINTMENT ORDER DATED
06/06/2019
EXHIBIT P22 TRUE COPY OF THE ORDER NO. C/10847/2019
DATED 14/12/2019
EXHIBIT P23 TRUE COPY OF THE ORDER NO.
B5/192196/2020 DATED 04/10/2020
EXHIBIT P24 TRUE COPY OF THE REVISION APPEAL DATED
01/02/2023
// True Copy // PA To Judge
