The Manager vs The State Of Kerala
2023 Latest Caselaw 3496 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                         WP(C) NO. 10375 OF 2023


PETITIONER:

             THE MANAGER,
             AGED 69 YEARS,
             M.A.M.H.S.S, KORATTY, THRISSUR DISTRICT,
             PIN - 680 308.

             BY ADVS.
             J.JULIAN XAVIER
             FIROZ K.ROBIN
             JOSE. V.V. (THENGATHARA)


RESPONDENTS:

     1       THE STATE OF KERALA,
             REP. BY THE SECRETARY TO GOVERNMENT, GENERAL
             EDUCATION DEPARTMENT, SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695 001.

     2       THE DIRECTOR OF GENERAL EDUCATION,
             JAGATHI, THYCAD, THIRUVANANTHAPURAM, PIN - 695 014.



             SMT.NISHA BOSE, SR.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   24.03.2023,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) No.10375 of 2023                        2




                     P.V.KUNHIKRISHNAN, J
                  ---------------------------------------
                      W.P.(C) No. 10375 of 2023
                   --------------------------------------
               Dated this the 24th day of March, 2023

                                  JUDGMENT

The above writ petition is filed with the following prayers:-

i. Issue a writ of mandamus or other appropriate writ; order, direction directing the 1st respondent to consider and pass orders on Exhibit-P3 after hearing the petitioner within a time bound manner.

ii. Issue such other writs orders or directions as this Honourable Court deems fit and proper in the interest of justice and circumstances of the case.

2. Petitioner is the Manager of M.A.M.H.S.S., Koratty, Thrissur

District. The writ petition is regarding the delay in considering the

representation submitted by the petitioner for a clarification from the

Government in respect of filling up of (appointment) the post of Clerk

(Lower Division Clerk). The petitioner submitted Ext.P3 representation.

The grievance of the petitioner is that the same is not considered.

3. Heard the learned counsel for the petitioner and the learned

Government Pleader.

4. After hearing both sides, I think there can be a direction to the

first respondent to consider Ext.P3 within a time frame.

Therefore, this writ petition is disposed of with the following

directions;

(i) The first respondent is directed to consider and

pass appropriate orders in Ext.P3, as expeditiously

as possible, at any rate, within two months from the

date of receipt of a copy this judgment.

(ii) Before passing final orders, the first respondent

will give an opportunity of hearing to the petitioner.

(iii) The petitioner will produce a certified copy of

this judgment along with a copy of this writ petition

before the first respondent for compliance.

The writ petition is disposed as above.

Sd/-

P.V.KUNHIKRISHNAN JUDGE ak

APPENDIX OF WP(C) 10375/2023

PETITIONER EXHIBITS:-

Exhibit P1 PHOTOCOPY OF THE G.O (MS) NO.220/2015 DATED 17.08.2015 ISSUED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT.

Exhibit P2 PHOTOCOPY OF THE G.O (MS.) NO.106/2022 GEDN DATED 14.06.2022 ISSUED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT.

Exhibit P3 PHOTOCOPY OF THE REPRESENTATION DATED 16.02.2023 SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY, GENERAL EDUCATION DEPARTMENT.

Exhibit P4 PHOTOCOPY OF G.P (P) NO. 1030/2022 DATED 23.02.2022 ISSUED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT.

Exhibit P5 A COPY OF THE APPOINTMENT ORDER DATED 01.12.2007 OBTAINED BY THE PETITIONER IN AN AIDED SCHOOL APPOINTING A LABORATORY ASSISTANT TO THAT OF CLERK.

Exhibit P6 PHOTOCOPY OF THE G.O (MS) NO.53/2019/G.EDN DATED 31.05.2019 ISSUED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT.