Citation : 2024 Latest Caselaw 5107 Ker
Judgement Date : 15 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
WP(C) NO. 5851 OF 2024
PETITIONER:
DEVARAJ T G, AGED 40 YEARS
SON OF T C GOVINDAN, UPPER PRIMARY SCHOOL TEACHER,
S N HIGHER SECONDARY SCHOOL, THRIKKANARVATTOM,
AYYAPPANKAVU, ERNAKULAM DISTRICT, PIN - 682018
BY ADV V.A.MUHAMMED
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
ERNAKULAM @ KAKKANAD, PIN - 682030
4 THE DISTRICT EDUCATIONAL OFFICER
NEAR COURT COMPLEX, ERNAKULAM, PIN - 682011
5 THE MANAGER
S N HIGHER SECONDARY SCHOOL, THRIKKANARVATTOM,
AYYAPPANKAVU, ERNAKULAM DISTRICT, PIN - 682018
6 THE HEADMISTRESS/VICE PRINCIPAL
S N HIGHER SECONDARY SCHOOL, THRIKKANARVATTOM,
AYYAPPANKAVU, ERNAKULAM DISTRICT, PIN - 682018
SMT.NISHA BOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-2-
WP(C) No.5851 of 2024
MOHAMMED NIAS C.P., J.
---------------------
WP(C) No.5851 of 2024
---------------------------
Dated this the 15th day of February, 2024
JUDGMENT
The petitioner has preferred Ext.P9 revision before the first respondent
against declining the proposal for approval. Learned counsel for the petitioner
submits that his claim is to be upheld on the basis of Exts.P5 and P8 orders. Since
no orders have been passed on the same so far, he seeks a direction to the first
respondent to dispose of the same.
2. Accordingly, there will be a direction to the first respondent to take up
Ext.P9 and pass orders in accordance with law, with notice to the petitioner and
other affected parties, if any, within an outer time limit of four months from the
date of receipt of a copy of this judgment. It will be open to the petitioner to
move an application seeking interim order, if so advised, before the first
respondent, which will be considered without delay. It will be open to the
petitioner to produce such documents to substantiate the contentions, which will
be considered by the first respondent while considering the revision.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
dlk/15.2.2024
APPENDIX OF WP(C) 5851/2024
PETITIONER'S EXHIBITS
EXHIBIT P-1 TRUE COPY OF THE APPOINTMENT ORDER DATED 20.10.2004 WITH APPROVAL RECORDED THEREON
EXHIBIT P-2 TRUE COPY OF THE APPOINTMENT ORDER ON PROMOTION AS CLERK DATED 10.08.2010 WITH APPROVAL RECORDED THEREON
EXHIBIT P-3 TRUE COPY OF THE APPOINTMENT ORDER DATED 06.06.2022 AGAINST THE RETIREMENT VACANCY WITH EFFECT FROM 01/06/2022 WHEREBY THE MANAGER APPOINTED THE PETITIONER AS UPST
EXHIBIT P-4 TRUE COPY OF LETTER NO. DDE/DEOEKM/10426/2022 DATED 10/10/2022 OF THE 4TH RESPONDENT
EXHIBIT P-5 TRUE COPY OF G.O. (MS.) NO. 275/2021/G.EDN DATED 06/12/2021
EXHIBIT P-6 TRUE COPY OF THE ORDER NO. DEO EKM/1362/2023/B2 DATED 19/12/2023 OF THE 4TH RESPONDENT
EXHIBIT P-7 TRUE COPY OF ORDER NO. B2/35955/2022 DATED 07/02/2024 OF THE 4TH RESPONDENT
EXHIBIT P-8 TRUE COPY OF THE G.O. (RT.) NO. 4902/2018/G.EDN.
DATED 23.11.2018
EXHIBIT P-9 TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE 1ST RESPONDENT DATED 10.02.2024 ALONG WITH STAY PETITION
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