K. Aniyan vs The State Of Kerala
2023 Latest Caselaw 4675 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. 13166 OF 2023
PETITIONERS:

          K. ANIYAN
          AGED 74 YEARS
          MANAGER, SANKARA U.P. SCHOOL, ALANGAD, MUTTITHADI,
          THRISSUR, PIN - 680317
          BY ADV V.A.MUHAMMED


RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II
          THIRUVANANTHAPURAM, PIN - 695001
    2     THE DIRECTOR OF GENERAL EDUCATION
          JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
    3     THE DISTRICT EDUCATIONAL OFFICER
          THRISSUR ROUND, THRISSUR, PIN - 680020
    4     THE ASSISTANT EDUCATIONAL OFFICER
          CHERPU, THRISSUR DISTRICT, PIN - 680561
    5     SMT. T. PRAVEENA UNNIKRISHNAN
          JUNIOR HINDI TEACHER, SANKARA U P SCHOOL,
          ALANGAD, MUTTITHADI, THRISSUR, PIN - 680317
OTHER PRESENT:

          SMT.SURYA BINOY, 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. 13166 OF 2023
                                  2



                P.V.KUNHIKRISHNAN, J.
              ===================
               WP(C) No. 13166 OF 2023
              ===================
           Dated this the 12th day of April 2023


                           JUDGMENT

The above writ petition is filed with the following

prayers;

" i) Call for the records relating to Exhibits P-2 and P-3 and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.

ii) Issue a writ of mandamus or other appropriate writ, order or direction commanding the 4 th respondent AEO to grant approval to the appointment of the 5th respondent and disburse the attendant benefits forthwith.

iii) Issue a writ of mandamus or other appropriate writ, order or direction commanding the 2 nd respondent to consider and pass appropriate orders upon Exhibit P-4 after affording an opportunity of being heard to the petitioner forthwith, pending disposal of the Writ Petition.

iv) Dispense with filing of English translation of vernacular documents produced along with the Writ Petition.

v) 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) WP(C) NO. 13166 OF 2023

2. When this writ petition came up for consideration,

the learned counsel for the petitioner submitted that, he will

be satisfied if a direction is issued to the 2 nd respondent to

consider and pass appropriate orders in Ext.P4 within a time

frame.

3. Heard the learned Counsel for the petitioner 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.P4 with notice to

the petitioner and the 5th respondent.

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.P4, 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 petitioner and 5 th

respondent.

WP(C) NO. 13166 OF 2023

iii. The petitioner will produce a certified copy of this

judgment before the 2nd respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN LU JUDGE WP(C) NO. 13166 OF 2023

APPENDIX OF WP(C) 13166/2023

PETITIONER EXHIBITS :

EXHIBIT P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE 5TH RESPONDENT DATED 15.07.2021 EXHIBIT P-2 TRUE COPY OF THE ORDER NO. C/14096/2021 DATED 29.10.2022 OF THE 4TH RESPONDENT EXHIBIT P-3 TRUE COPY OF THE ORDER NO.

B1/198943/2022 DATED 16.02.2023 OF THE 3RD RESPONDENT EXHIBIT P-4 TRUE COPY OF THE REVISION APPEAL BEFORE THE DIRECTOR 23.03.2023 EXHIBIT P-5 TRUE COPY OF THE G.O. (P) NO.

3/2019/G.EDN. DATED 28.02.2019 EXHIBIT P-6 TRUE COPY OF THE CIRCULAR NO.

J2/57/G.EDN. DATED 08.03.2019 OF THE GOVERNMENT EXHIBIT P-7 TRUE COPY OF THE G.O. (MS.) NO.

29/2023/G.EDN. DATED 24.03.2023

// True Copy // PA To Judge