The Sree Narayana Dharma ... vs The State Of Kerala
2023 Latest Caselaw 11016 Ker

WPC No.33854 of 2023
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               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     FRIDAY, THE 20TH DAY OF OCTOBER 2023 / 28TH ASWINA, 1945
                        WP(C) NO.33854 OF 2023
PETITIONER:

            THE SREE NARAYANA DHARMA SAMRAKSHANA YOGUM UPPER
            PRIMARY SCHOOL
            AGED 42 YEARS
            POOCHAKKAL P O, PANAVALLY, ALAPPUZHA DISTRICT
            REPRESENTED BY ITS MANAGER, PIN - 688526
            BY ADVS.
            SRI V.A.MUHAMMED
            SRI V.RAJASEKHARAN NAIR


RESPONDENTS:

     1      THE STATE OF KERALA
            REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
            GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
            THIRUVANANTHAPURAM, PIN - 695001
     2      THE DIRECTOR OF GENERAL EDUCATION
            JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
     3      THE DEPUTY DIRECTOR OF EDUCATION
            CIVIL LINES, ALAPPUZHA, PIN - 688001
     4      THE DISTRICT EDUCATIONAL OFFICER
            CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688524
     5      THE ASSISTANT EDUCATIONAL OFFICER
            THURAVUR, ALAPPUZHA DISTRICT, PIN - 688572

            SRI PREMCHAND R NAIR, SR.GOVT.PLEADER
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.33854 of 2023
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                         T.R. RAVI, J.
              ------------------------------------
                W.P.(C.) No.33854 of 2023
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          Dated this the 26th day of October, 2023

                            JUDGMENT

Admit. Government Pleader takes notice for the

respondents.

2. The petitioner who is the Manager of the

School, aggrieved by the staff fixation has preferred

Ext.P2 appeal before the 3rd respondent and the petitioner

seeks early disposal of the same.

3. Since it was mentioned that the appeal could

not be considered since it is not submitted through

'SAMANWAYA' portal, this Court had on 25.10.2023

directed the Government Pleader to submit whether the

appeal can be uploaded by the Headmaster.

4. The Government Pleader, on instructions,

submitted that the appeal can be preferred by the

affected teacher. This is a case where the appeal is

preferred by the Manager whose period of approval is WPC No.33854 of 2023

over and a new Manager has not so far taken charge. It is

submitted that civil suits are pending regarding the right

to be the Manager. However, pendency of the civil suits

need not in any way affect the hearing of the appeal even

if a new Manager is not appointed. It is submitted that

going by the Scheme, the existing Manager can continue

till a new Manager is appointed.

In such circumstances, this writ petition is disposed of

directing the third respondent to permit the Headmaster

of the school to upload Ext.P2 appeal and once it is

uploaded, the appeal shall be considered by the third

respondent treating it as a proper appeal filed by the

de facto Manager and disposed of after hearing the

petitioner and such other affected persons within two

months from the date of receipt of a copy of this

judgment.

Sd/-

T.R.RAVI

JUDGE SKP/26-10 WPC No.33854 of 2023

APPENDIX OF WP(C) 33854/2023

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

C/62606/2023 DATED 19.08.2023 OF THE AEO, THURAVOOR Exhibit P-2 TRUE COPY OF THE APPEAL PETITION DATED 31.08.2023 SUBMITTED BEFORE THE DDE, ALAPPUZHA Exhibit 3 TRUE COPY OF THE LETTER NO. B1/6227/2023/ DDE DATED 28.09.2023 OF THE DDE, ALAPPUZHA Exhibit P-4 TRUE COPY OF THE APPROVED BYE-LAWS OF THE MANAGING COMMITTEE Exhibit P-5 TRUE COPY OF THE G.O. (RT.) NO. 4779/2017/ G.EDN DATED 13.12.2017