Manager vs The State Of Kerala Represented By The ...
2024 Latest Caselaw 16071 Ker

Kerala High Court

Manager vs The State Of Kerala Represented By The ... on 7 June, 2024

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
         THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
   FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
                   WP(C) NO. 20518 OF 2024
PETITIONER/S:

    1    MANAGER
         IZZATHUL ISLAM A.L.P SCHOOL, CHANDERA, MANIYAT
         P.O, KASARAGOD DIST., PIN - 671310

    2    DHANYA. P.P
         AGED 33 YEARS
         W/O BIJU. T.K, LOWER PRIMARY SCHOOL TEACHER
         (LPST), IZZATHUL ISLAM A.L.P SCHOOL, CHANDERA,
         MANIYAT P.O, KASARAGOD DIST. PIN: 671310 RESIDING
         AT SREENANDHANAM, THADIYANKOVVAL, UDINOOR P.O,
         KASARAGOD DIST., PIN - 671310

    3    RAHIYANATH. K.P
         AGED 31 YEARS
         W/O BADARUDDEEN. B, LOWER PRIMARY SCHOOL TEACHER
         (LPST), IZZATHUL ISLAM A.L.P SCHOOL, CHANDERA,
         MANIYAT P.O, KASARAGOD DIST. PIN: 671310 RESIDING
         AT MOOPPANTAKATH, UNNIMUKKU, KANAYI P.O, PAYYANUR
         VIA, KANNUR DIST., PIN - 670307

          BY ADV MURALI PALLATH



RESPONDENT/S:

    1    THE STATE OF KERALA REPRESENTED BY THE SECRETARY
         TO GOVERNMENT
         GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT
         (ANNEX II), THIRUVANANTHAPURAM, PIN - 695001

    2    THE DIRECTOR OF GENERAL EDUCATION
         JAGATHI, THYCAUD P.O, THIRUVANANTHAPURAM, PIN -
         695014

    3    THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD
         OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, CIVIL
         STATION, VIDYANAGAR P.O., KASARAGOD DIST, PIN -
         671123
 W.P.C No. 20518 of 2024

                               2

     4     THE DISTRICT EDUCATIONAL OFFICER, KANHANGAD
           , DISTRICT EDUCATIONAL OFFICE, KANHANGAD P.O,
           KASARAGOD DIST, PIN - 671315

     5     THE ASST. EDUCATIONAL OFFICER
           ASST. EDUCATIONAL OFFICE, CHERUVATHUR, CHERUVATHUR
           P.O, KASARAGOD DIST., PIN - 671313


OTHER PRESENT:

           ADV PREMCHAND R NAIR-GP




    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.C No. 20518 of 2024

                                      3

                              JUDGMENT

The petitioners have approached this Court being aggrieved

by the denial of approval of appointment of 2 nd and 3rd petitioners

as LPSAs in the school managed by the 1st petitioner. As against

the orders declining the approval of appointment to the 2 nd and 3rd

petitioners a revision petition has been submitted by the 1 st

petitioner which is now pending before the 1st respondent. The

limited prayer sought by the petitioner is to direct the 1 st

respondent to consider and pass orders thereon within a time

frame.

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 1 st respondent shall

take up Ext.P16 and orders thereon shall be passed in accordance

with law, after hearing the petitioners within a period of four

months from the date of receipt of a copy of this judgment. While

passing the orders, Ext.P14 which was passed in similar

circumstances shall also be taken note of.

Sd/-

ZIYAD RAHMAN A.A. JUDGE rpk

APPENDIX OF WP(C) 20518/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF ORDER NO. D.DIS/C/4632/2017 (1) DATED 30.11.2017 ISSUED BY THE 5TH RESPONDENT

Exhibit P2 TRUE COPY OF ORDER NO. D. DIS.

A/52755/2019 DATED 17.07.2019 ISSUED BY THE 5TH RESPONDENT

Exhibit P3 TRUE COPY OF DECLARATION DATED 15.03.2019 SUBMITTED BY THE 1ST PETITIONER

Exhibit P4 TRUE COPY OF APPOINTMENT ORDER DATED 15.07.2021 IN RESPECT OF THE 2ND PETITIONER ISSUED BY THE 1ST PETITIONER

Exhibit P5 TRUE COPY OF DECLARATION DATED 15.07.2021 SUBMITTED BY THE 1ST PETITIONER

Exhibit P6 TRUE COPY OF ORDER NO.

C/17688/2021/AEO/L. DIS. DATED 31.08.2021 ISSUED BY THE 5TH RESPONDENT

Exhibit P7 TRUE COPY OF ORDER NO. B5/194761/2021 DATED 13.11.2021 ISSUED BY THE 4TH RESPONDENT

Exhibit P8 TRUE COPY OF ORDER NO. G5/235208/2021 DATED 19.12.2022 OF THE ADDL. DIRECTOR OF GENERAL EDUCATION (ACADEMIC) IN THE OFFICE OF THE 2ND RESPONDENT

Exhibit P9 TRUE COPY OF APPOINTMENT ORDER DATED 15.07.2021 IN RESPECT OF THE 3RD PETITIONER ISSUED BY THE 1ST PETITIONER

Exhibit P10 TRUE COPY OF ORDER NO. C/17672/AEO/L.DIS.

DATED 31.08.2021 ISSUED BY THE 5TH RESPONDENT

Exhibit P11 TRUE COPY OF ORDER NO. B5/194762/2021

DATED 13.11.2021 ISSUED THE 4TH RESPONDENT

Exhibit P12 TRUE COPY OF ORDER NO. G5/235207/2021 DATED 01.11.2022 OF THE ADDL. DIRECTOR (ACADEMIC) OF GENERAL EDUCATION IN THE OFFICE OF THE 2ND RESPONDENT

Exhibit P13 TRUE COPY OF ORDER NO. C/50533/2023 DATED 27.02.2024 ISSUED BY THE 5TH RESPONDENT

Exhibit P14 TRUE COPY OF GO(RT.) NO.2647/2024/GEDN DATED 12.04.2024

Exhibit P15 TRUE COPY LETTER NO. AEO CVT/243/2024-C DATED 18.05.2024 ISSUED THE 5TH RESPONDENT

Exhibit P16 TRUE COPY OF REVISION PETITION DATED 01.06.2024 SUBMITTED BY THE 1ST PETITIONER