Sujesh Babu K V vs The State Of Kerala
2024 Latest Caselaw 16455 Ker

Kerala High Court

Sujesh Babu K V vs The State Of Kerala on 11 June, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
                       WP(C) NO. 20808 OF 2024
PETITIONER:

              SUJESH BABU K V
              AGED 46 YEARS,
              SON OF K. VASU, HIGHER SECONDARY SCHOOL TEACHER
              (COMMERCE), IRITTY HIGHER SECONDARY SCHOOL,
              KEEZHUR, KANNUR DISTRIC, PIN - 670 703.

              BY ADV V.A.MUHAMMED


RESPONDENTS:

      1       THE STATE OF KERALA
              REPRESENTED BY ITS PRINCIPAL SECRETARY TO
              GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
              SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

      2       THE DIRECTOR OF GENERAL EDUCATION
              (HIGHER SECONDARY EDUCATION WING), HOUSING BOARD
              BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM, PIN -
              695 001.

      3       THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
              EDUCATION
              KANNUR @ PAYYAMBALAM, PIN - 670 003.

      4       THE MANAGER
              IRITTY HIGHER SECONDARY SCHOOL, KEEZHUR, KANNUR
              DISTRICT, PIN - 670 703.

      5       SMT. K.J. BINCY
              HIGHER SECONDARY SCHOOL TEACHER (ECONOMIC), IRITTY
              HIGHER SECONDARY SCHOOL, KEEZHUR, KANNUR DISTRICT,
              PIN - 670 703.

              BY ADV NISHA BOSE, GOVERNMENT PLEADER

          THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   11.06.2024,    THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C). No. 20808 of 2024
                               :2:



                             JUDGMENT

Dated this the 11th day of June, 2024

The petitioner, who is presently working as HSST, in the

school managed by the 4th respondent has approached this Court

with this writ petition. The grievance of the petitioner is that,

despite the fact that, he is qualified to be appointed as Principal,

the post which has become vacant from 01.06.2024 onwards,

the petitioner was appointed as a teacher-in-charge, instead of

giving him appointment as the Principal. Being aggrieved by the

same, Ext.P4 representation has been submitted by the

petitioner before the 3rd respondent which is now pending

consideration. The limited prayer sought by the petitioner is to

direct the 3rd respondent to dispose of Ext.P4 within a time

frame.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. This writ petition is disposed of directing the 3 rd

respondent to consider Ext.P4 and to pass appropriate orders

thereon in accordance with law, after hearing the petitioner, the

manager and the 5th respondent. Similarly it was also pointed

out that, even the appointment of the petitioner as teacher-in-

charge was also not approved. Therefore, the 3rd respondent is

also directed to consider the same also and pass orders thereon

within a period of two months from date of receipt of a copy of

this judgment.

Sd/-

                                      ZIYAD RAHMAN A.A.
SCB                                          JUDGE






                     APPENDIX OF WP(C) 20808/2024

PETITIONER'S     EXHIBITS

EXHIBIT P-1              TRUE COPY OF   THE   SENIORITY   LIST   AS   ON
                         01.01.2022.

EXHIBIT P-2              TRUE COPY OF THE APPOINTMENT ORDER DATED
                         01.06.2024.

EXHIBIT P-3              TRUE COPY OF THE COVERING LETTER DRAWN UP
                         BY   THE   MANAGER  ADDRESSING  THE   3RD
                         RESPONDENT DATED 01.06.2024.

EXHIBIT P-4              TRUE COPY OF THE SAID PETITION SUBMITTED
                         BEFORE    THE   3RD   RESPONDENT   DATED
                         02.06.2024.