Denny V M vs 1. State Of Kerala
2023 Latest Caselaw 2031 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                        WP(C) NO. 3634 OF 2023
PETITIONER:

          DENNY V M,
          AGED 46 YEARS
          UPPER PRIMARY SCHOOL TEACHER, MIC O.U.P. SCHOOL,
          KAIPAMANGALAM P O, 680681,
          RESIDING AT VAZHAPPILLY HOUSE,
          NHAMANGHAT P O, VYLATHUR, PIN - 679563
          BY ADVS.
          M.A.FAYAZ
          M.VISHNUPRIYA
          C.B.ABHINAVA


RESPONDENTS:

    1     STATE OF KERALA
          REP. BY SECRETARY TO THE GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    2     DIRECTOR OF GENERAL EDUCATION
          O/O DIRECTOR OF GENERAL EDUCATION, JAGATHI,
          THIRUVANANTHAPURAM, PIN - 695014
    3     DEPUTY DIRECTOR OF EDUCATION THRISSUR
          O/O DEPUTY DIRECTOR OF EDUCATION THRISSUR,
          THRISSUR, PIN - 680003
    4     DISTRICT EDUCATIONAL OFFICER, THRISSUR
          O/O DISTRICT EDUCATIONAL OFFICER, THRISSUR
          THRISSUR, PIN - 680020
    5     ASSISTANT EDUCATIONAL OFFICER CHAVAKKAD
          O/O THE ASSISTANT EDUCATIONAL OFFICER CHAVAKKAD
          THRISSUR, PIN - 680582
          BY ADV SMT.NISHA BOSE, SENIOR G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3634 OF 2023                 2

                               JUDGMENT

Sri.M.A.Fayaz - learned counsel appearing for the petitioner,

confined his plea that Ext.P4 - Statutory Revision filed by his client

before the 1st respondent, invoking the provisions of Rule 3 Chapter I of

the Kerala Education Rules ('KER' for short), be directed to be taken up

and disposed of within a time frame to be fixed by this Court.

2. Smt.Nisha Bose - learned Senior Government Pleader appearing

for the official respondents, submitted that there is no legal impediment

in Ext.P4 Statutory Revision being taken up and disposed of by the

competent Authority of the 1st respondent; but prayed that this Court

may not make any affirmative declarations on his entitlement to any

relief and leave it to be decided by the competent Authority, in terms of

law.

In the afore circumstances, I allow this writ petition and direct the

competent Authority of the 1st respondent to take up Ext.P4 and dispose

of the same, after affording an opportunity of being heard to the

petitioner; 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 MC/3/2

APPENDIX OF WP(C) 3634/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF APPOINTMENT ORDER DATED 02.06.2008 CONTAINING THE ENDORSEMENT OF APPROVAL BY THE 5TH RESPONDENT Exhibit P2 TRUE COPY OF THE STAFF FIXATION ORDER NO.C/52363/2022 DATED 19.08.2022 ISSUED BY THE 5TH RESPONDENT.

Exhibit P3 TRUE COPY OF JOINING REPORT ISSUED BY THE HEAD MASTER OF THE SCHOOL TO THE 5TH RESPONDENT REGARDING THE APPOINTMENT GIVEN TO THE PETITIONER DATED 31.08.2022.

Exhibit P4 TRUE COPY OF REVISION PETITION DATED 20.12.2022 SUBMITTED BEFORE THE 1ST RESPONDENT.