Arjun Raj P P vs State Of Kerala
2023 Latest Caselaw 9132 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                       WP(C) NO. 28113 OF 2023
PETITIONERS:

    1     ARJUN RAJ P P, AGED 33 YEARS,
          S/O. NANU P P, LPST, NADUPPOYIL UP SCHOOL,
          VATAYAM POST, KOZHIKODE DISTRICT - 673507.

    2     SARAN RAM M V, AGED 31 YEARS,
          S/O. RAMDAS, LPST, NADUPPOYIL UP SCHOOL,
          VATAYAM POST, KOZHIKODE DISTRICT - 673507.

          BY ADVS.POOVAMULLE PARAMBIL ABDULKAREEM
          K.N.KUMARASWAMY SARMA


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM - 695001.

    2     DIRECTOR OF GENERAL EDUCATION,
          OFFICE OF DIRECTOR OF GENERAL EDUCATION, JAGATHY,
          THIRUVANANTHAPURAM - 695014.

    3     DISTRICT EDUCATIONAL OFFICER,
          OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, VATAKARA,
          KOZHIKODE DISTRICT - 673101.

    4     ASSISTANT EDUCATIONAL OFFICER,
          OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
          KUNNUMMAL, KOZHIKODE DISTRICT - 673507.

    5     MANAGER, NADUPPOYIL UP SCHOOL, VATAYAM POST,
          KOZHIKODE DISTRICT - 673507.

          BY ADV.SMT.NISHA BOSE, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28113 OF 2023
                                      -2-

                               JUDGMENT

Even though the petitioners impugn Exts.P3,

P4, P7 and P8, they concede that they have

preferred Exts.P9 and P10 Statutory Revisions

before the 1st respondent - State of Kerala,

under the provisions of Rule 92 of Chapter XIVA

of the Kerala Education Rules (KER); and

alternatively prays that same be directed to be

taken up and disposed of by its competent

Authority, within a time frame to be fixed by

this Court.

2. The learned Senior Government Pleader -

Smt.Nisha Bose, submitted that, if the

petitioners only require Exts.P9 and P10 to be

taken up and disposed of by the competent

Authority of the Government, there does not

appear to be any legal impediment in doing so;

however, praying that this Court may not make

any affirmative declarations in their favour in WP(C) NO. 28113 OF 2023

this judgment and leave it to the said Authority

to take an apposite decision, as per law.

Resultantly, I order this writ petition and

direct the competent Authority of the Government

to take up Exts.P9 and P10 Statutory Revision

Petitions and dispose them of, after affording

an opportunity of being heard to the

petitioners, as also to the Manager of the

School; thus culminating in an appropriate order

and necessary action thereon, as expeditiously

as is possible, but not later than four months

from the date of receipt of a copy of this

judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 28113 OF 2023

APPENDIX OF WP(C) 28113/2023

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 01/06/2017 ISSUED TO THE 1ST PETITIONER BY THE 5TH RESPONDENT

EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER DATED 12.06.2018 ISSUED TO THE 1ST PETITIONER BY THE 5TH RESPONDENT

EXHIBIT P3 TRUE COPY OF THE ORDER NO. F/7443/2021 DATED 11/06/2021 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P4 TRUE COPY OF THE ORDER NO. B5/194192/2021 DATED 17/01/2023 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P5 TRUE COPY OF THE APPOINTMENT ORDER DATED 01/06/2017 ISSUED TO THE 2ND PETITIONER BY THE 5TH RESPONDENT

EXHIBIT P6 TRUE COPY OF THE APPOINTMENT ORDER DATED 12/06/2018 ISSUED TO THE 2ND PETITIONER BY THE 5TH RESPONDENT

EXHIBIT P7 TRUE COPY OF THE ORDER NO. F/7704/2021 DATED 11/06/2021 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P8 TRUE COPY OF THE ORDER NO. B5/194191/2021 DATED 17/01/2023 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P9 TRUE COPY OF THE REVISION PETITION DATED 05/08/2023 SUBMITTED BY THE 1ST PETITIONER

EXHIBIT P10 TRUE COPY OF THE REVISION PETITION DATED 05/08/2023 SUBMITTED BY THE 2ND PETITIONER