Kerala High Court
Moideenkutty M.P vs 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. 6202 OF 2024
PETITIONER:
MOIDEENKUTTY M.P.,
AGED 44 YEARS
S/O MARAKKAR, HST (SOCIAL SCIENCE ), MUHSS,
OORAKAM KIZHMURI, MALAPPURAM DISTRICT
(RESIDING AT MANNUM PEEDIYEKKAL HOUSE CHELOOR ROAD,
PUTHANATHANI, P.O. PUNNATHALA VIA.
VALANCHERY MALAPPURAM- 676552), PIN - 676519
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
1 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,
MALAPPURAM, PIN - 676505
4 THE DISTRICT EDUCATIONAL OFFICER,
THIRURANGADI, MALAPPURAM, PIN - 676306
5 THE PRINCIPAL,
MUHSS, OORAKAM KIZHMURI,
MALAPPURAM DISTRICT, PIN - 676515
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:
-2-
WPC No.6202 of 2024
MOHAMMED NIAS C.P., J.
---------------------
WP(C) No.6202 of 2024
---------------------------
Dated this the 16th day of February, 2024
JUDGMENT
The petitioner has preferred Ext.P7 revision before the first respondent
challenging Ext.P6, wherein it is found that the Time Bound Higher Grades
granted to the petitioner reckoning the broken periods were wrong and ordered
recovery of the alleged excess payments. Learned counsel for the petitioner
submits 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) 6202/2024
PETITIONER'S EXHIBITS
EXHIBIT P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER ALONG WITH APPROVAL RECORDED THEREON
DATED 29.06.2011
EXHIBIT P-2 TRUE COPY OF THE ORDER NO. B3/22441/2021 DATED
26.06.2021 ISSUED BY DEO, TIRURANGADI
EXHIBIT P-3 TRUE COPY OF ORDER NO. B3/23833/2021 DATED
15.09.2021 ISSUED BY DEO, TIRURANGADI
EXHIBIT P-4 TRUE COPY OF ORDER NO. B3/23834/2021/K.DIS
DATED 04.01.2022 ISSUED BY DEO, TIRURANGADI
EXHIBIT P-5 TRUE COPY OF G.O (MS.) NO. 275/99/G.EDN DATED
09.11.1999
EXHIBIT P-6 TRUE COPY OF THE LETTER ISSUED BY THE 3RD
RESPONDENT VIDE NO. DDEMPM/14678/2023-F3 DATED
07.11.2023
EXHIBIT P-7 TRUE COPY OF THE APPEAL SUBMITTED BY THE
PETITIONER BEFORE 1ST RESPONDENT DATED
31.01.2024
EXHIBIT P-8 TRUE COPY OF THE G.O(P) NO. 16/2022/G.EDN DATED
23.12.2022
EXHIBIT P-9 TRUE COPY OF G.O(RT) NO. 2696/2023/G.EDN DATED
29.04.2023
EXHIBIT P-10 TRUE COPY OF THE DECISION REPORTED IN 2023 (1)
KHC 118 DATED 13.10.2022 (SINDHU P.C V. STATE
OF KERALA )
EXHIBIT P-11 TRUE COPY OF THE DECISION REPORTED IN 2019 KHC
740 DATED 13.08.2019 (KISHORE V.G V. STATE OF
KERALA AND OTHERS)
