Citation : 2024 Latest Caselaw 10457 Ker
Judgement Date : 11 April, 2024
WPC.No.15214/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 15214 OF 2024
PETITIONER:
ABDUL JALEEL K, AGED 50 YEARS, S/O.K.MAMMAD, UPST,
AUP SCHOOL PAZHUR, P O PAZHUR KOZHIKODE DISTRICT -
673661 RESIDING AT KAMASSERY (H), CHERUVAYUR P.O,
MALAPPURAM DISTRICT, PIN - 673 645.
BY ADVS.R.K.MURALEEDHARAN
ATHIRA A.MENON
HARISANKAR.K.V.
RESPONDENTS:
1 STATE OF KERALA, REP.BY SECRETARY TO GENERAL
EDUCATION DEPARTMENT, THIRUVANANTHAPURAM,
PIN - 695 001.
2 DIRECTOR OF GENERAL EDUCATION,
DIRECTORATE OF GENERAL EDUCATION, JAGATHI,
THIRUVANANTHAPURAM, PIN - 695 014.
3 THE DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
THAMARASSERY, KOZHIKODE DISTRICT, PIN - 673 573.
4 THE ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
KUNNAMANGALAM, KOZHIKODE, PIN - 673 570.
5 THE MANAGER, AUP SCHOOL, PAZHUR, P.O PAZHUR,
MAVOOR, KOZHIKODE DISTRICT, PIN - 673 661.
SMT.NISHA BOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC.No.15214/24 2
JUDGMENT
The petitioner, while working as Office Attendant with
approval of the authorities concerned in the school managed by the
5th respondent, was appointed as UPST with effect from
01.06.2022. However, the approval of the said appointment was
declined as per Ext.P6 order passed by the AEO, the 4 th respondent
herein. Subsequently the order of rejection was confirmed by the
3rd respondent as per Ext.P7. Being aggrieved by the same, the 5 th
respondent manager of the school submitted Ext.P8 revision
petition, which is now pending before the 2nd respondent.
Limited prayer sought by the petitioner is for a direction to
the 2nd respondent to consider and pass orders thereon within a
time frame. After hearing the learned counsel for the petitioner
and the learned Government Pleader, this writ petition is disposed
of directing the 2nd respondent to taking up Ext.P8 appeal and pass
appropriate orders thereon in accordance with law, after hearing
the petitioner, the 5th respondent and other affected parties, if any.
Orders thereon shall be passed within a period of two months from
the date of receipt of a copy of this judgment.
Sd/-
ZIYAD RAHMAN A.A. JUDGE DG/11.4.24
APPENDIX OF WP(C) 15214/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 02.07.1996 ALONG WITH THE PROCEEDINGS, APPROVING THE APPOINTMENT OF THE PETITIONER AS OFFICE ATTENDANT
Exhibit-P2 TRUE COPY OF THE APPOINTMENT ORDER DATED 05.06.2006 ALONG WITH THE PROCEEDINGS, APPROVING THE APPOINTMENT OF THE PETITIONER AS UPSA
Exhibit-P3 TRUE COPY OF ORDER NO.C.3769/06/ D.DIS DATED 01.12.2006 ISSUED BY THE 4TH RESPONDENT APPROVING THE APPOINTMENT OF THE PETITIONER TILL 04.04.2009
Exhibit-P4 TRUE COPY OF ORDER NO.C.4005 /09/K.DIS DATED 15.03.2010 ISSUED BY THE 4TH RESPONDENT APPROVING THE APPOINTMENT OF THE PETITIONER FROM 04.10.2009 TO 23.09.2012
Exhibit-P5 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER IN FORM 27 DATED 01.06.2022
Exhibit-P6 TRUE COPY OF THE ORDER NO. C/29115/22 OF THE 4TH RESPONDENT DATED 07.11.2022
Exhibit-P7 TRUE COPY OF THE ORDER NO. K.DIS A3/199115/2022 DATED 11.01.2024 ISSUED BY THE 3RD RESPONDENT
Exhibit-P8 TRUE COPY OF THE APPEAL FILED BEFORE THE 2ND RESPONDENT DATED 04.02.2024
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