Harshavardhanan K vs State Of Kerala
2023 Latest Caselaw 1425 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                   WP(C) NO. 1988 OF 2023
PETITIONER:

           HARSHAVARDHANAN K.
           AGED 24 YEARS
           S/O.SUDHEER BABU, LOWER PRIMARY SCHOOL TEACHER,
           MOORIYAD MAPILA L.P.SCHOOL, MOORIYAD
           P.O.,KOOTHUPARAMBA, RESIDING AT KUNNUMMAL
           HOUSE, MOORIYAD P.O., KOOTHUPARAMBA, KANNUR
           PIN - 670643
           BY ADV T.RAJASEKHARAN NAIR


RESPONDENTS:

    1      THE STATE OF KERALA
           REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,
           GENERAL EDUCATION DEPARTMENT, GOVERNMENT
           SECRETARIAT, THIRUVANANTHAPURAM
           PIN - 695001
    2      THE DIRECTOR OF GENERAL EDUCATION,
           HOUSING BOARD BUILDING, SANTHI NAGAR,
           THIRUVANANTHAPURAM, PIN - 695001
    3      DISTRICT EDUCATIONAL OFFICER,
           KOOTHUPARAMBA, KANNUR, PIN - 670643
    4      THE ASSISTANT EDUCATIONAL OFFICER,
           OFFICE OF THE ASSISTANT EDUCATION OFFICER,
           KUTHUPARAMBA, KANNUR, PIN - 670643
    5      THE MANAGER
           MOORIYAD MAPILA L.P.SCHOOL P.O.
           MOORIYAD P. O, KUTHUPARAMBA, KANNUR DISTRICT,
           PIN - 670643

        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.01.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 1988 OF 2023

                                    2


                             JUDGMENT

The petitioner singularly pleads that Ext.P7 statutory Appeal,

preferred under Chapter XIV A Rule 8(a) of the Kerala Education

Rules, be directed to be taken up and disposed of by the 3 rd

respondent - District Education Officer, within a time frame to be

fixed by this Court.

2. Smt.Nisha Bose - learned Senior Government Pleader

in response, submitted that there is no legal impediment in Ext.P7

being taken up and disposed of by the 3rd 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 3rd respondent to take up Ext.P7 statutory Appeal of the

petitioner and dispose of the same, after affording him an

opportunity of being heard ; 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 lsn WP(C) NO. 1988 OF 2023

APPENDIX OF WP(C) 1988/2023

PETITIONER EXHIBITS ExhibitP1 A TRUE PHOTOCOPY OF THE APPOINTMENT ORDER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 17.7.2019 Exhibit P2 A TRUE PHOTOCOPY OF THE CIRCULAR DATED 26.2.2021 ISSUED BY THE 2ND RESPONDENT ExhibitP3 THE TRUE PHOTOCOPY OF THE JUDGMENT DATED 1.11.2021 IN W.P.(C) 23681/2021 PASSED BY THIS HONOURABLE COURT Exhibit4 A TRUE PHOTOCOPY OF THE ORDER DATED 6.04.2022 PASSED BY THE 4TH RESPONDENT ExhibitP5 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 19.9.2022 IN CONTEMPT CASE (C) NO.691/2022 PASSED BY THIS COURT ExhibitP6 A TRUE PHOTOCOPY OF THE ORDER DATED 8.12.2022 ISSUED BY THE 4TH RESPONDENT Exhibit P7 TRUE PHOTOCOPY OF THE APPEAL MEMORANDUM SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DTD 7.1.2023

RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE

LSN