Rajeesh P K vs State Of Kerala
2023 Latest Caselaw 4596 Ker

             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. 13508 OF 2023
NAME AND ADDRESS OF THE PETITIONERS:

          RAJEESH P K
          AGED 38 YEARS
          S/O. K V DAMODARAN, WORKING AS JUNIOR LANGUAGE TEACHER
          (URDU), RAJAH'S AUP SCHOOL, ACHAMTHURUTHI, CHERUVATHUR,
          KASARGOD-671351, RESIDING AT 'RAJITHA NIVAS', PERUR
          VARIKKACHAL, M M BAZAR P.O., KANNUR, PIN - 670306
          BY ADVS.
          MOLTY MAJEED
          C.A.MAJEED
          K.H.ASIF
          P.B.UNNIKRISHNAN NAIR
          RUBEN GEORGE ROCK


NAME AND ADDRESS OF THE RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL
          EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695001
    2     THE DIRECTOR GEENERAL OF EDUCATION
          DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
          THIRUVANANTHAPURAM, PIN - 695014
    3     THE ASSISTANT EDUCATIONAL OFFICER
          OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
          CHERUVATHUR, KASARGOD, PIN - 671121
    4     THE MANAGER
          RAJAH'S AUP SCHOOL, ACHANTHURUTHI, CHERUVATHUR,
          KASARGOD, PIN - 671351
    5     SREEDEVI G NAIR
          AGED 32 YEARS
          W/O. VINAYAN E, 'RIVER VIEW HOME',
          NAGACHERY ROAD, BEHIND THALIYIL TEMPLE,
          PADINHATTAM KOZHUVAL,
 WP(C) NO. 13508 OF 2023

                           2

        NILESHWAR P.O., KASARGOD, PIN - 671314
        BY ADV.
        SMT.NISHA BOSE, SENIOR GOVERNMENT PLEADER



     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. 13508 OF 2023

                                 3




              P.V.KUNHIKRISHNAN, J.
             ------------------------------
             W.P.(C)No. 13508 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 certiorari or any other appropriate writ order or direction, and quash Exhibit.P-8 and Exhibit.P-13;

(ii) Issue a writ of mandamus or any other appropriate writ order or direction, directing the 3 rd respondent to appoint the Petitioner in the post of FTJLT Hindi with effect from 11/08/2017 and grant necessary approval for the same;

(iii) Direct the 3rd respondent to grant all consequential benefits like seniority and arrears of salary with effect from 11/08/2017 to the Petitioner on such appointment of the Petitioner;

(iv) Declare that the non-consideration of Exhibit.P-14 revision is illegal, unjust and arbitrary;

(v) pass such other writ, order or direction as prayed for by the petitioners in due course which shall be just and proper;

WP(C) NO. 13508 OF 2023

(vi) award the cost of the petitioner;"[SIC]

2. When this writ petition came up for

consideration, the counsel appearing for the petitioner

submitted that there may be a direction to the 1 st

respondent to consider Ext.P14 within a time frame.

3. Heard the learned Government Pleader also.

4. After hearing both sides, I think this writ

petition itself can be disposed of directing the 1 st

respondent to consider Ext.P14 within a time frame.

Therefore, this writ petition is disposed of in the

following manner:

i. The 1st respondent is directed to consider

and pass appropriate orders in Ext.P14 after giving

an opportunity of hearing to the petitioner and

respondents 4 and 5, as expeditiously as possible,

at any rate, within a period of three months from

the date of receipt of a stamped certified copy of

this judgment.

WP(C) NO. 13508 OF 2023

ii. Petitioner will produce a stamped

certified copy of this judgment along with a copy of

this writ petition before the 1 st respondent for

compliance.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 13508 OF 2023

APPENDIX OF WP(C) 13508/2023

PETITIONER EXHIBITS EXHIBIT.P-1 A TRUE COPY OF THE CERTIFICATE DATED 12/10/2004 ISSUED BY THE DAKSHIN BHARATH HINDI PRACHAR SABHA, MADRAS FOR RASHTRABASHA VISHARAD EXHIBIT.P-2 A TRUE COPY OF THE CERTIFICATE DATED 25/04/2005 ISSUED BY THE DAKSHIN BHARATH HINDI PRACHAR SABHA, MADRAS FOR RASHTRABASHA PRAVEEN EXHIBIT.P-3 A TRUE COPY OF THE CERTIFICATE DATED 28/02/2018 ISSUED BY THE DAKSHIN BHARATH HINDI PRACHAR SABHA, MADRAS FOR BACHELOR OF ARTS IN HINDI EXHIBIT.P-4 A TRUE COPY OF THE CERTIFICATE DATED 05/01/2019 ISSUED BY THE DAKSHIN BHARATH HINDI PRACHAR SABHA, MADRAS FOR SHIKSHA SNATHAK EXHIBIT.P-5 A TRUE COPY OF THE CERTIFICATE DATED 07/07/2021 ISSUED BY THE DAKSHIN BHARATH HINDI PRACHAR SABHA, MADRAS FOR MASTER OF ARTS IN HINDI EXHIBIT.P-6 A TRUE COPY OF THE ORDER R4 15/2017 DATED 29/08/2017 OF THE 4TH RESPONDENTS EXHIBIT.P-7 A TRUE COPY OF THE ORDER NO.C/1298/18 THALI DATED 14/06/2019 OF THE 3RD RESPONDENT EXHIBIT.P-8 A TRUE COPY OF THE ORDER NO.

C/19416/2021/AEO/AT DATED 07/01/2022 OF THE 4TH RESPONDENT EXHIBIT.P-9 A TRUE COPY OF THE REPRESENTATION DATED 03/01/2022 SUBMITTED TO THE WP(C) NO. 13508 OF 2023

3RD RESPONDENT EXHIBIT.P-10 A TRUE COPY OF THE REPRESENTATION DATED 24/01/2022 SUBMITTED TO THE 3RD RESPONDENT EXHIBIT.P-11 A TRUE COPY OF THE REVISION DATED 29/03/2022 UNDER CHAPTER XIV A RULE 8A OF KER BEFORE THE 2ND RESPONDENT EXHIBIT.P-12 A TRUE COPY OF THE JUDGMENT DATED 19/07/2022 IN WP (C) NO.16671 OF

EXHIBIT.P-13 A TRUE COPY OF THE ORDER NO.G5/6905/22/DGE K DIS DATED 04/11/2022 OF THE 2ND RESPONDENT EXHIBIT.P-14 A TRUE COPY OF THE REVISION DATED 16/12/2022 SUBMITTED TO THE 1ST RESPONDENT

RESPONDENT EXHIBITS: NIL

//TRUE COPY// PA TO JUDGE