Kerala High Court
Dr. Gabriel Mar Gregorios vs The State Of Kerala on 16 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
WP(C) NO. 6092 OF 2024
PETITIONER:
DR. GABRIEL MAR GREGORIOS
AGED 77 YEARS
SON OF MATHAI JOHN, CORPORATE MANAGER,
CATHOLICATE & M D SCHOOLS
(CORPORATE MANAGEMENT),
DEVALOKAM, KOTTAYAM DISTRICT
(RESIDING AT ORTHODOX CHURCH CENTRE,
ULLOOR P O, THIRUVANANTHAPURAM DISTRICT-695011),
PIN - 686004
BY ADVS.
V.A.MUHAMMED
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
VAYASKARAKKUNNU,
NEAR PULIMOODU JUNCTION,
KOTTAYAM DISTRICT, PIN - 686001
4 THE DISTRICT EDUCATIONAL OFFICER
NEAR THIRUNAKKARA TEMPLE,
KOTTAYAM, PIN - 686001
5 SRI. TENSY OOMMEN JACOB
DRAWING TEACHER,
M.D. SEMINARY HIGHER SECONDARY SCHOOL,
KOTTAYAM DISTRICT, PIN - 686004
6 SMT. AMPILIMOL C N
MUSIC TEACHER,
-2-
WPC No.6092 of 2024
M.D. SEMINARY HIGHER SECONDARY SCHOOL,
KOTTAYAM DISTRICT, PIN - 686004
SMT.NISHA BOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-3-
WPC No.6092 of 2024
MOHAMMED NIAS C.P., J.
---------------------
WP(C) No.6092 of 2024
---------------------------
Dated this the 16th day of February, 2024
JUDGMENT
The petitioner has preferred Ext.P10 revision before the first respondent
challenging Ext.P7 as regards the staff fixation. Learned counsel for the
petitioner submits that no orders have been passed on the statutory revision so
far and 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.P7 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 four 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/16.2.2024
APPENDIX OF WP(C) 6092/2024
PETITIONER'S EXHIBITS
EXHIBIT P-1 TRUE COPY OF THE ORDER NO. D.DIS.B5/52823/2023
DATED 19.08.2023 OF THE DEO, KOTTAYAM
EXHIBIT P-2 TRUE COPY OF THE ORDER NO. D.DIS. B5/52632/2023
DATED 19.08.2023 OF THE 4TH RESPONDENT
EXHIBIT P-3 TRUE COPY OF THE TRANSFER ORDER NO. CMD/TR/640/23
DATED 18.08.2023 OF THE CORPORATE MANAGER
EXHIBIT P-4 TRUE COPY OF THE PETITION DATED 12.09.2023
REQUESTING TO RETAIN THE POST OF MUSIC TEACHER
(UP) IN MDSHS, KOTTAYAM, SO THAT THE SERVICE OF
MUSIC CAN BE MADE AVAILABLE TO PUPILS IN BOTH
SCHOOLS IN SATISFACTION OF THE STATUTORY
REQUIREMENT UNDER RTI ACT
EXHIBIT P-5 TRUE COPY OF THE JUDGMENT IN W.P. (C) NO.
31776/2023 DATED 19.10.2023
EXHIBIT P-6 TRUE COPY OF THE LETTER DATED 18.11.2023 ALONG
WITH THE ARGUMENT NOTES DATED 20.11.2023
EXHIBIT P-7 TRUE COPY OF THE ORDER NO. ET2/19130/2023/DGE
DATED 01.02.2024 OF THE ADDITIONAL DIRECTOR
ATTACHED TO THE OFFICE OF THE 2ND RESPONDENT
EXHIBIT P-8 TRUE COPY OF THE APPOINTMENT ORDER NO.
T.31/570/23 DATED 01.08.2023 OF THE MANAGER
EXHIBIT P-9 TRUE COPY OF THE ORDER NO. D.DIS. B5/40312/2022
DATED 23.08.2022 OF THE DEO, KOTTAYAM
EXHIBIT P-10 TRUE COPY OF THE REVISION PETITION SUBMITTED
BEFORE THE 1ST RESPONDENT ALONG WITH STAY
PETITION DATED 08.02.2024
