Citation : 2024 Latest Caselaw 5109 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. 5897 OF 2024
PETITIONER:
K.P.SURESH, AGED 57 YEARS
SON OF NARAYANAN NAMBOOTHIRI,
MANAGER, AUP SCHOOL,
ARAKUPARAMBA, MATTARAKKAL,
MALAPPURAM, PIN - 679341
BY ADVS.
AUGUSTINE JOSEPH
GEORGE RENOY
RESPONDENTS:
1 THE DEPUTY DIRECTOR OF EDUCATION
CIVIL STATION,
MALAPPURAM, PIN - 676505
2 THE ASSISTANT EDUCATIONAL OFFICER
PERINTHALMANNA,
MALAPPURAM, PIN - 679321
3 THE HEAD MASTER
AUP SCHOOL, ARAKUPARAMBA,
MATTARAKKAL, MALAPPURAM, PIN - 679341
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.5897 of 2024
MOHAMMED NIAS C.P., J.
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WP(C) No.5897 of 2024
---------------------------
Dated this the 15th day of February, 2024
JUDGMENT
The petitioner has preferred Ext.P9 revision, challenging the staff fixation
order before the first respondent against declining the proposal for approval.
Learned counsel for the petitioner submits that his claim has to be accepted on
the basis of Exts. P7 and P8 orders. Since no orders have been passed on the
statutory revision so far, the petitioner 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 and after affording an opportunity of hearing to
them, within an outer time limit of two months from the date of receipt of a copy
of this judgment. It will be open to the petitioner to produce such documents to
substantiate the contentions, which will be adverted to 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) 5897/2024
PETITIONER'S EXHIBITS
EXHIBIT-P1 TRUE COPY OF THE STAFF FIXATION ORDER NO.C/ 57442/ 2023 DATED 20.8.2023.
EXHIBIT-P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE MOTHER OF RIYA FATHIMA FOR TRANSFER CERTIFICATE DATED 25.9.2023.
EXHIBIT-P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE MOTHER OF MUHAYDIN RABEEH FOR TRANSFER CERTIFICATE DATED 29.9.2023.
EXHIBIT-P4 TRUE COPY OF THE CERTIFICATE OF RIYA FATHIMA DATED 22.12.2023 FROM GMLPS, KARINKALLATHANI.
EXHIBIT-P5 TRUE COPY OF THE CERTIFICATE OF MUHAYDIN RABEEH DATED 22.12.2023 FROM GHS NECHULLY.
EXHIBIT-P6 TRUE COPY OF THE ORDER NO.AEOPMN/ 554/2023-C DATED 1.1.2024 OF THE 2ND RESPONDENT.
EXHIBIT-P7 TRUE COPY OF G.O.(RT).NO. 4664/ 2009/G.EDN DATED 10.11.2009
EXHIBIT-P8 TRUE COPY OF THE LETTER NO.S.C(2)/1105/2020 DATED 22.1.2020 OF THE STATE PUBLIC INFORMATION OFFICER OF SUPER CHECK CELL OFFICER OF DIRECTOR OF GENERAL EDUCATION
EXHIBIT-P9 TRUE COPY OF THE APPEAL FILED BEFORE THE GOVERNMENT DATED 8.1.2024.
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