The Manager, Sariga Public School vs State Of Kerala
2023 Latest Caselaw 933 Ker

WP(C) NO. 1078 OF 2023               1




            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                     WP(C) NO. 1078 OF 2023


PETITIONER/S:

          THE MANAGER, SARIGA PUBLIC SCHOOL
          AGED 54 YEARS
          (AIDED LOWER PRIMARY SCHOOL)
          KARIYANKODE,
          KUZHALMANNAM, PALAKKAD ,
          PIN - 678702

          BY ADV U.BALAGANGADHARAN


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY
          GENERAL EDUCATION DEPARTMENT,
          GOVERNMENT SECRETARIAT (ANNEX),
          THIRUVANANTHAPURAM - 695001

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

    3     THE DEPUTY DIRECTOR OF EDUCATION,
          CIVIL STATION,
          PALAKKAD - 678001

    4     THE ASSISTANT EDUCATIONAL OFFICER,
          KUZHALMANNAM,
          PALAKKAD - 678702

    5     MS. RANJINI O.N
          LOWER PRIMARY SCHOOL TEACHER,
 WP(C) NO. 1078 OF 2023                 2



             SARIGA PUBLIC SCHOOL,
             KARIYANKODE
             PALAKKAD - 678702


             SMT NISHA BOSE, SR. GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   17.01.2023,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 1078 OF 2023                     3




                                 JUDGMENT

The petitioner states that he is the manager of the Sariga Public

School, an aided lower primary school governed by the provisions of the

Kerala Education Act and the Rules framed thereunder. The petitioner has

approached this Court seeking issuance of directions to the 4th respondent to

approve the appointment of the 5th respondent as LPST in the Sariga Public

School, Kariyankkode. It is further submitted that, challenging Ext.P5 order

issued by the AEO rejecting the proposal for approval of appointment of the

5th respondent, the petitioner has preferred Ext.P6 revision petition before the

2nd respondent. In the resultant vacancy of LPSA which arose upon shifting of

the 5th respondent, the petitioner has appointed Smt. Finosiya on daily wages.

However, on the premise that the appointment of Smt. Rajani O.N. has not

been approved, the 4th respondent has rejected the daily wage appointment.

It is contended that challenging the said order the petitioner has preferred

Ext.P8 revision petition before the 2nd respondent.

2. Learned counsel appearing for the petitioner submits that for the

time being, the petitioner would be satisfied if directions are issued to the 2nd

respondent to consider Exts.P6 and P8 within a time frame with due notice.

3. Heard Smt. Nisha Bose, the learned Senior Government Pleader.

4. In view of the order that I propose to pass, notice to the 5th

respondent is dispensed with.

5. After having carefully evaluated the contentions raised in this writ

petition, the submissions made across the Bar, and the facts and

circumstances, I am of the view that this writ petition can be disposed of by

issuing the following directions:

a) There will be a direction to the 2nd respondent to

take up, consider and pass appropriate orders on Exts.P6

and P8 after affording an opportunity of being heard, either

physically or virtually, to the petitioner herein or his/her

authorized representative, the 5th respondent and other

affected parties if any.

b) Orders, as directed above, shall be passed

expeditiously, in any event, within four months from the

date of production of a copy of this judgment.

c) It would be open to the petitioner to produce a copy

of the writ petition along with the judgment before the

concerned respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE NS

APPENDIX OF WP(C) 1078/2023

PETITIONER(S) EXHIBITS :

Exhibit P 1 A TRUE COPY OF ORDER NO. DDS.C/26194/22 ISSUED BY THE 4TH RESPONDENT DATED 10.5.2022 Exhibit P 2 A TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE MANAGER, SARIGA PUBLIC SCHOOL DATED 15.7.2022 Exhibit P 3 A TRUE COPY OF THE STAFF FIXATION ORDER NO. C/49382/2022 ISSUED BY THE 4TH RESPONDENT DATED 5.8.2022 Exhibit P 4 A TRUE COPY OF THE ORDER NO.

L.DIS.C/2343/22 DATED 10.11.2022 ISSUED BY THE 4TH RESPONDENT AEO Exhibit P 5 A TRUE COPY OF THE ORDER NO.

K.DIS.C/34348/22 DATED 20.10.2022 OF THE 4TH RESPONDENT Exhibit P 6 A TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 10.11.2022 Exhibit P 7 A TRUE COPY OF THE ORDER NO.

K.DIS.C/34349/2022 ISSUED BY THE 4TH RESPONDENT DATED 3.11.2022 Exhibit P 8 A TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 16.12.2022

RESPONDENT(S) EXHIBITS : NIL