Kerala High Court
The Manager (Kochukrishnan K R) vs The State Of Kerala on 3 July, 2024
WPC.No.23795/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 3RD DAY OF JULY 2024/12TH ASHADHA, 1946
WP(C) NO.23795 OF 2024
PETITIONER:
THE MANAGER (KOCHUKRISHNAN K R),
KANNADI HIGHER SECONDARY SCHOOL, KANNADI,
PALAKKAD DISTRICT, PIN - 678 701.
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 - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
CIVIL STATION, PALAKKAD DISTRICT, PIN - 678 001.
4 THE DISTRICT EDUCATIONAL OFFICER,
SANTHI NAGAR, PALAKKAD DISTRICT, PIN - 678 014.
5 SRI. VISHNU PRASAD A.,
DRAWING TEACHER, KANNADI HIGHER SECONDARY SCHOOL,
KANNADI, PALAKKAD DISTRICT, PIN - 678 701.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.07.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC.No.23795/24 2
JUDGMENT
The petitioner is the Manager of an aided school. The
petitioner is aggrieved by the staff fixation order, in which the post
of drawing teacher was not sanctioned. As a consequence of the
same, the 5th respondent who was appointed to the vacancy was
denied approval.
2. Aggrieved by the non-sanctioning of the post of drawing
teacher, Ext.P7 revision petition has been submitted by the
petitioner before the 2nd respondent and as against the order of
rejection of approval, Ext.P9 revision petition was submitted before
the 1st respondent. The limited prayer sought by the petitioner is
for a direction to the 2nd and 1st respondents to dispose of the
revision petitions within a time frame.
4. After hearing the learned counsel for the petitioner and
the learned Government Pleader, I am inclined to dispose of this
writ petition. Accordingly, it is ordered that, the 2 nd respondent
shall take up Ext.P7 and pass appropriate orders thereon in
accordance with law after hearing the petitioner. Orders in this
regard shall be passed within a period of two months from the date
of receipt of a copy of this judgment. As far as Ext.P9 revision
petition is concerned, I am of the view that, since the decision to be
taken on Ext.P9 depends upon the decision that is to be taken in
Ext.P7, it is only proper that the said revision petition also be
considered by the 2nd respondent. Therefore, it is ordered that the
1st respondent shall forward the same to the 2 nd respondent, and
thereupon, a decision on the same shall be taken by the 2nd
respondent within a period of two months from the date of receipt
of a copy of this judgment.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/3.7.24
APPENDIX OF WP(C) 23795/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE STAFF FIXATION ORDER FOR
2022-2023 VIDE NO. D.DIS. B4/45289/2022
DATED 20.08.2022 OF THE DEO, PALAKKAD
Exhibit P-2 TRUE COPY OF THE APPOINTMENT ORDER DATED
01.12.2023 OF THE 5TH RESPONDENT
Exhibit P-3 TRUE COPY OF THE B.COM DEGREE CERTIFICATE
ISSUED BY THE UNIVERSITY OF CALICUT DATED
06.09.2018
Exhibit P-4 TRUE COPY OF THE JOINING REPORT ISSUED BY
THE HEADMISTRESS OF THE SCHOOL DATED
01.12.2023
Exhibit P-5 TRUE COPY OF THE EXTRACT OF THE
COMMUNICATION FROM THE 4TH RESPONDENT
RECEIVED THROUGH SAMANWAYA PORTAL
Exhibit P-6 TRUE COPY OF THE STAFF FIXATION ORDER NO.
D.DIS/B4/53385/2023 DATED 01/09/2023
Exhibit P-7 TRUE COPY OF THE REVISION PETITION DATED
30.05.2024 SUBMITTED BEFORE THE GOVERNMENT
Exhibit P-8 TRUE COPY OF THE ORDER NO. B4/57311/2023
DATED 06.06.2024
Exhibit P-9 TRUE COPY OF THE REVISION PETITION DATED
15.06.2024 SUBMITTED BEFORE THE GOVERNMENT
