Mubeen Shameem C.H vs State Of Kerala
2024 Latest Caselaw 15915 Ker

Kerala High Court

Mubeen Shameem C.H vs State Of Kerala on 6 June, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                       WP(C) NO. 20320 OF 2024
PETITIONER:

          MUBEEN SHAMEEM C.H
          AGED 42 YEARS
          S/O MUSTHAFFA, HST (SOCIAL SCIENCE), AMHSS, THIRURKAD,
          MANKADA, MALAPPURAM (RESIDING AT CHALILAKATH THIRURKAD,
          MANKADA, MALAPPURAM - 679321), PIN - 679321

          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,
          DOWN HILL, MALAPPURAM, PIN - 676505

    4     THE DISTRICT EDUCATIONAL OFFICER,
          UP HILL, MALAPPURAM, PIN - 676505

    5     THE MANAGER,
          AMHSS, THIRURKAD, MANKADA, MALAPPURAM, PIN - 679321

          BY ADV
          ADV NISHA BOSE - GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20320 OF 2024
                               2



                          JUDGMENT

The appointment of the petitioner as UPSA in the school

managed by the fifth respondent, was not approved by the

authorities concerned. As against Exts.P8 and P9 orders passed

by the third and fourth respondents, the orders by which, the

approval was declined, the Manager submitted Exts.P10 and

P11 revision petitions, which are pending before the second

respondent. The limited prayer sought by the petitioner, is to

direct the second petitioner to consider and pass appropriate

orders thereon within a time frame.

After hearing the learned counsel for the petitioner and the

learned Government Pleader, this writ petition is disposed of,

directing the second respondent to take up Exts.P10 and P11

revision petitions and take a decision thereon, after hearing the

petitioner and the fifth respondent Manager after adverting to

Exts.P13 and P14 orders and Ext.P15 circular. The orders in WP(C) NO. 20320 OF 2024

this regard shall be passed within a period of two months from

the date of receipt of a copy of this judgment.

Sd/-

ZIYAD RAHMAN A.A. JUDGE scs WP(C) NO. 20320 OF 2024

APPENDIX OF WP(C) 20320/2024

PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER ALONG WITH APPROVAL RECORDED THEREON DATED 28.06.2004 Exhibit P-2 TRUE COPY OF THE APPOINTMENT ORDER ALONG WITH APPROVAL RECORDED THEREON DATED 01.01.2009 Exhibit P-3 TRUE COPY OF THE APPOINTMENT ORDER ALONG WITH APPROVAL RECORDED THEREON DATED 01.04.2012 Exhibit P-4 TRUE COPY OF THE APPOINTMENT ORDER ALONG WITH APPROVAL RECORDED THEREON DATED 03.06.2013 Exhibit P-5 TRUE COPY OF THE APPOINTMENT ORDER ALONG WITH APPROVAL RECORDED THEREON DATED 01.01.2014 Exhibit P-6 TRUE COPY OF THE APPOINTMENT ORDER ALONG WITH APPROVAL RECORDED THEREON DATED 02.06.2014 Exhibit P-7 TRUE COPY OF THE PROMOTION ORDER DATED 01.06.2022 Exhibit P-8 TRUE COPY OF THE ORDER NO.

B5/37223/2022 DATED 24.11.2023 ISSUED BY DEO, MALAPPURAM Exhibit P-9 TRUE COPY OF THE ORDER NO.

B2/221033/2023 DATED 05.02.2024 ISSUED BY DDE, MALAPPURAM Exhibit P-10 TRUE COPY OF THE REVISION APPEAL SUBMITTED BY THE MANAGER DATED 12.02.2024 Exhibit P-11 TRUE COPY OF THE REVISION APPEAL UPLOADED THROUGH SMANAWAYA DATED 13.02.2024 Exhibit P-12 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 25.05.2024 Exhibit P-13 TRUE COPY OF THE G.O (P) NO. WP(C) NO. 20320 OF 2024

244/12/G.EDN DATED 25.07.2012

Exhibit P-14 TRUE COPY OF THE G.O (P) NO.

145/16/G.EDN DATED 30.08.2016 Exhibit P-15 TRUE COPY OF CIRCULAR NO.

1866829/J3/17/G.EDN DATED 09.03.2018