Citation : 2023 Latest Caselaw 11183 Ker
Judgement Date : 27 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
WP(C) NO. 35353 OF 2023
PETITIONER:
MADHU T.C
AGED 49 YEARS
S/O CHINNAPPAN, PHYSICAL EDUCATION TEACHER,
FR. JOSEPH MEMORIAL HIGHER SECONDARY SCHOOL, PUTHUPPADY,
KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686691.
BY ADVS.
GEORGE ABRAHAM
JOBY D JOSEPH
MARY CATHERINE PRIYANKA P.S.
RESPONDENTS:
1 DIRECTOR OF GENERAL EDUCATION,
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695014.
2 THE DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION ERNAKULAM
DISTRICT, PIN - 682030.
3 THE DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686691.
4 MANAGER,
FR. JOSEPH MEMORIAL HIGHER SECONDARY SCHOOL, PUTHUPPADY,
KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686691.
SMT. NISHA BOSE. SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 35353 OF 2023
2
T.R. RAVI, J.
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W.P.(C) No.35353 of 2023
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Dated this the 27th day of October, 2023
JUDGMENT
Admit. Government Pleader takes notice for respondents 1
to 3. In view of the order that is proposed to be issued notice to
the 4th respondent is dispensed with.
2. The petitioner was working as Physical Education
Teacher. During staff fixation in 2016, one post of Physical
Education Teacher was reduced and thereafter the petitioner
was working on clubbing arrangement. The petitioner had
submitted a request for treating the period between 01.06.2016
to 31.08.2016 as period spent on duty. Though this was
recommended by the DEO as per Ext.P6, the same was rejected
by the DDE as per Ext.P7. The petitioner has preferred Ext.P8
appeal against Ext.P7 before the 1st respondent and seeks early
disposal of the same.
In view of the limited prayer made, this writ petition is WP(C) NO. 35353 OF 2023
disposed of directing the 1st respondent to consider and pass
orders on Ext.P8 appeal after hearing the petitioner, at the
earliest, at any rate within three months from the date of receipt
of a copy of this judgment.
Sd/-
T.R.RAVI JUDGE mpm WP(C) NO. 35353 OF 2023
APPENDIX OF WP(C) 35353/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE STAFF FIXATION ORDER NO.
D.DIS/B2/3433/2015 DATED 4/4/2016. Exhibit P2 TRUE COPY OF THE ORDER, G.O(P) NO.
148/2016/ G.EDN. DATED 31/8/2016. Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED FOR LEAVE BY THE PETITIONER DATED 20/10/2016. Exhibit P4 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER DATED 4/7/2023.
Exhibit P5 TRUE COPY OF THE LETTER NO. 41/2023 DATED 4/7/2023 ISSUED BY THE HEADMISTRESS. Exhibit P6 TRUE COPY OF THE COMMUNICATION NO.DEOMKG/1474/ 2023-B2 DATED 2/8/2023. Exhibit P7 TRUE COPY OF THE ORDER NO.DDEEKM/ 5933/2023-B5 DATED 28/9/2023 PASSED BY THE 2ND RESPONDENT.
Exhibit P8 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 9/10/2023.
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