Sony Alias vs The Regional Deputy Director Of ...
2023 Latest Caselaw 6529 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                        WP(C) NO. 19011 OF 2023
PETITIONER:

          SONY ALIAS
          AGED 42 YEARS
          HIGH SCHOOL TEACHER (SOCIAL SCIENCE), MAR THEMOTHIOS
          MEMORIAL HIGHER SECONDARY SCHOOL (M.T.M.H.S.S), (NOW
          UNDER DEPLOYMENT AS CLUSTER CO-ORDINATOR BRC,
          KOLENCHERY) PAMPAKKUDA, ERNAKULAM - 686667.
          BY ADVS.
          M.U.VIJAYALAKSHMI
          K.JAJU BABU (SR.)
          BRIJESH MOHAN


RESPONDENTS:

    1     THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
          EDUCATION, ERNAKULAM
          S.R.V.ROAD, ERNAKULAM - 682011.
    2     THE MANAGER
          MAR THEMOTHIOS MEMORIAL HIGHER SECONDARY SCHOOL
          (M.T.M.H.S.S), PAMPAKKUDA, ERNAKULAM - 686667.


          SMT.NISHA BOSE, SR.GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19011 OF 2023


                                  2




              P.V.KUNHIKRISHNAN, J.
             ------------------------------
             W.P.(C)No. 19011 of 2023
     ----------------------------------------------
      Dated this the 13th day of June, 2023


                         JUDGMENT

The above writ petition is filed with the following

prayers:

"(i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to consider and pass orders on Ext.P3 submitted by the petitioner forthwith;

(ii) Declare that the action of the 2nd respondent is taking steps to fill up the vacancy of FHSST (History) through direct recruitment without appointing the petitioner under the 25% by transfer quota is arbitrary, illegal and unsustainable;

(iii) Direct the 2nd respondent to appoint the petitioner as H.S.S.T (History) in the 2 nd respondent school in the existing vacancy;

(iv) Issue such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

WP(C) NO. 19011 OF 2023

(v) Award compensatory costs to the petitioner.

(vi) petitioners may be permitted to dispense with the filing of translation of the vernacular documents;"[SIC]

2. The petitioner, who is working as High

School Teacher under the 2 nd respondent filed this

writ petition aggrieved by the non-consideration of

his claim for appointment by transfer as H.S.S.T

(History). The petitioner submitted Ext.P3 before the

1st respondent. The grievance of the petitioner is

that the same is not considered. Hence this writ

petition is filed.

3. Heard the learned counsel appearing for

the petitioner and the learned Government Pleader.

No notice is necessary to the 2 nd respondent at this

stage and if the 2nd respondent is aggrieved by any of

the directions issued by this Court, the 2 nd

respondent is free to file a Review petition before this WP(C) NO. 19011 OF 2023

Court.

4. After hearing both sides, I think this writ

petition itself can be disposed of directing the 1 st

respondent to consider Ext.P3 with notice to the

petitioner and the 2nd respondent, within a time

frame.

Therefore, this writ petition is disposed of in the

following manner:

i. The 1st respondent is directed to

consider and pass appropriate orders in Ext.P3,

after giving an opportunity of hearing to the

petitioner and the 2nd respondent, as

expeditiously as possible, at any rate, within a

period of two months from the date of receipt of

a copy of this judgment.

ii. If the vacancy is not filled up as on

today, the same shall not be filled up till orders

are passed in Ext.P3 as directed above.

WP(C) NO. 19011 OF 2023

iii. Petitioner will produce a certified copy

of this judgment along with a copy of the writ

petition before the 1st respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 19011 OF 2023

APPENDIX OF WP(C) 19011/2023

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER NO.B3-134/12/K.DIS DATED 10.01.2012 ISSUED IN RESPECT OF THE PETITIONER ON 1-6-2010 EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 16-3-2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 01-06-2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P4 TRUE COPY OF THE NOTIFICATION PUBLISHED IN MALAYALA MANORAMA DAILY DATED 5.6.2023 BY THE 2ND RESPONDENT

RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE