Manager, (T.S Ameer ) Tharbiyath ... vs State Of Kerala
2023 Latest Caselaw 2997 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
       THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                     WP(C) NO. 8547 OF 2023
PETITIONER/S:

            MANAGER, (T.S AMEER ) THARBIYATH TRUST VOCATIONAL
            AND HIGHER SECONDARY SCHOOL, KAVUMKARA
            AGED 68 YEARS, S/O T.M. SEETHY, THARBIYATH TRUST
            VOCATIONAL AND HIGHER SECONDARY SCHOOL,
            KAVUMKARA, MARKET P.O., MUVATTUPUZHA , ERNAKULAM
            (RESIDING AT THOTTATHIKUDIYIL HOUSE, MARAMPILLY,
            ALUVA, ERNAKULAM DISTRICT - 683 105, PIN - 686673
            BY ADVS.
            M.SAJJAD
            V.A.MUHAMMED
            P.A.JENZIA
RESPONDENT/S:
    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE
          - II, THIRUVANANTHAPURAM, PIN - 695001
    2     THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM DISTRICT, PIN -
          695014
    3     THE DEPUTY DIRECTOR OF EDUCATION,
          ERNAKULAM @ KAKKANAD, PIN - 682030
    4     THE DISTRICT EDUCATIONAL OFFICER,
          MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686661
    5     THE HEADMASTER,
          THARBIYATH TRUST VOCATIONAL AND HIGHER SECONDARY
          SCHOOL, KAVUMKARA, MARKET P.O., MUVATTUPUZHA ,
          ERNAKULAM, PIN - 686673
OTHER PRESENT:
          SMT. NISHA BOSE SR.GP
     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   13.03.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                          2-
W.P.(C). No. 8547 of 2023



                              P.V.KUNHIKRISHNAN, J.
                               ======================================================

                                 W.P.(C) No. 8547 of 2023
                            =============================================================

                    Dated this the 13th day of March, 2023

                                            JUDGMENT

The above writ petition is filed with following prayers:

"(i) call for Exhibit P-1 and set aside the original of the same by the issue of a writ of certiorari or other appropriate writ or order.

(ii) declare that Exhibit P-1 is null and void, for it was in violation of the amendment dated 18.04.2022 made to Rule 16 Chapter XXIII of KER.

(iii) issue an writ of mandamus or other writ appropriate order or direction commanding the 1st Respondent to take a decision on Exhibit P-8, keeping in abeyance of Exhibit P- 1, with notice to the Petitioner in a time bound manner.

(iv) to dispense with filing of English translation of vernacular documents produced along with the Writ Petition.

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W.P.(C). No. 8547 of 2023

(v) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case." (sic)

2. Challenging Ext.P1 order, the petitioner filed Ext.P8

revision before the 1st respondent. The grievance of the petitioner

is that the same is not considered and in the meanwhile, steps are

being taken to recover the amount based on Ext.P1. Hence, this

writ petition.

3. Heard the counsel for the petitioner and the

Government Pleader.

4. After hearing both sides, I think this writ petition itself

can be disposed of directing the 1st respondent to consider Ext.P8

within a time frame and the recovery steps can be stayed till final

decision is taken in the revision.

Therefore, this writ petition is disposed of in the following

manner:

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W.P.(C). No. 8547 of 2023

1. The 1st respondent is directed to consider and pass appropriate orders in Ext.P8 revision, as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of this judgment, after giving an opportunity of hearing to the petitioner and the affected teachers.

2. Till final orders are passed in Ext.P8 revision, recovery, if any based on Ext.P1 shall be deferred.

sd/-

P.V.KUNHIKRISHNAN JUDGE das 5-

W.P.(C). No. 8547 of 2023

APPENDIX OF WP(C) 8547/2023

PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE ORDER NO.

SC.(2)/42844/DGE DATED 24.01.2023 ISSUED BY THE DIRECTOR Exhibit P-2 TRUE COPY OF THE STAFF FIXATION ORDER 2019-20 ISSUED BY THE DEO VIDE ORDER NO. D. DIS B1/50935/2019 DATED 27.07.2019 Exhibit P-3 3 TRUE COPY OF LETTER SUBMITTED BY THE PETITIONER TO THE DIRECTOR DATED NIL Exhibit P-4 TRUE COPY OF THE REPORT FURNISHED BY THE DEO DATED 14.09.2022 Exhibit P-5 TRUE COPY OF THE G.O(RT) NO.

4664/09/G.EDN DATED 10.11.2009 Exhibit P-6 TRUE COPY OF THE ORDER NO. RA(1) 67927/90/L.DIS/DPI DATED 09.10.1990 Exhibit P-7 TRUE COPY OF THE G.O(RT) NO.5563/2019/G.EDN DATED 19.12.2019 Exhibit P-8 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 15.02.2023