P.K. Rema vs The State Of Kerala
2023 Latest Caselaw 4999 Ker

WP(C) NO. 13823 OF 2023            1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                          WP(C) NO. 13823 OF 2023
PETITIONER/S:
          P.K. REMA
          AGED 49 YEARS
          ASSISTANT TEACHER (LPSA), AYANIKKAD WEST U P SCHOOL,
          MELADI SUB DISTRICT, KOZHIKODE DISTRICT, PIN - 673522

               BY ADV DINESH KUMAR K.


RESPONDENT/S:
     1    THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
          EDUCATIONAL DEPARTMENT, SECRETARIAT ANNEXE-II,
          THIRUVANANTHAPURAM, PIN - 695001

      2        THE DIRECTOR OF GENERAL EDUCATION
               JAGATHY, THIRUVANANTHAPURAM, PIN - 695014

      3        THE DEPUTY DIRECTOR OF EDUCATION
               CIVIL STATION, KOZHIKODE, PIN - 673020

      4        THE ASSISTANT EDUCATIONAL OFFICER
               MELADI, KOZHIKODE DISTRICT, PIN - 673522

      5        THE MANAGER
               AYANIKKAD WEST U P SCHOOL, MELADI SUB DISTRICT,
               KOZHIKODE., PIN - 673522

      6        THE HEADMASTER
               AYANIKKAD WEST U P SCHOOL, MELADI SUB DISTRICT,
               KOZHIKODE., PIN - 673522

               SMT.NISHA BOSE, SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13823 OF 2023                 2




                         P.V.KUNHIKRISHNAN, J
                     ---------------------------------------
                       W.P.(C) No. 13823 of 2023
                      --------------------------------------
                  Dated this the 13th day of April, 2023


                                    JUDGMENT

The above writ petition is filed with following prayers :

(i) "call for the records relating to Exhibit P-5 and set aside the original of the same by the issue of a writ of certiorari or other appropriate writ, order or direction

ii) declare that the actual students strength found based on the Super Check Cell have to be reckoned as effective strength.

iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 4" Respondent to issue revised Staff Fixation Order for the academic year 2004-2005 by reckoning actual students strength as actual strength for regularization of service of the Petitioner accordingly.

iv) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st Respondent to consider and pass appropriate orders upon Exhibit P-6 after affording an opportunity of being heard to the Petitioner amd within a time limit.

(v) to dispense with filing of English translation of vernacular documents produced along with the Writ Petition.

vi) 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 appearing for the petitioner submitted that the

petitioner will be satisfied if a direction is issued to the 1 st

respondent to consider and pass orders in Ext.P6 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

and pass orders in Ext.P6 with notice to the petitioner and the

respondent Nos. 5 and 6 .

Therefore, this writ petition is disposed of with the

following directions :

1) The 1st respondent is directed to consider and pass

appropriate orders in Ext.P6 with notice to the petitioner and

the respondent Nos. 5 and 6, as expeditiously as possible, at

any rate, within four months from the date of receipt of a

stamped certified copy of this judgment .

2) The petitioner will produce a stamped certified copy

of this judgment along with copy of this writ petition before the

1st respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 13823/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE G.O. (RT.) NO. 2579/ 2014/G.EDN. DATED 01.07.2014 OF THE GOVERNMENT

Exhibit P2 TRUE COPY OF THE STAFF FIXATION ORDER NO.

C/1296/05 DATED 17.12.2014 OF THE AEO, MELADY

Exhibit P3 TRUE COPY OF THE JUDGMENT IN W.P. (C) NO.

33078/2017 DATED 18.03.2021

Exhibit P4 TRUE COPY OF THE HERRING NOTE DATED 29.04.2021

Exhibit P5 TRUE COPY OF THE ORDER NO. C/1083/2021 DATED 25.01.2022 OF THE AEO, MELADY

Exhibit P6 TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE GOVERNMENT DATED 19.04.2022