The Manager (H.E Muhammed Babu Sait) vs State Of Kerala
2024 Latest Caselaw 16838 Ker

Kerala High Court

The Manager (H.E Muhammed Babu Sait) vs State Of Kerala on 12 June, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
 WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                      WP(C) NO. 20953 OF 2024
PETITIONER/S:
    1     THE MANAGER (H.E MUHAMMED BABU SAIT),
          AGED 72 YEARS
          S/O HAJI ESSA HAJI ABDUL SATHAR SAIT, DARUL ULOOM
          VOCATIONAL HIGHER SECONDARY SCHOOL AND HIGHER
          SECONDARY SCHOOL, PULLEPADY ERNAKULAM, PIN -
          682018

     2       THE HEADMASTER/ VICE PRINCIPAL
             AGED 38 YEARS
             DARUL ULOOM VOCATIONAL HIGHER SECONDARY SCHOOL AND
             HIGHER SECONDARY SCHOOL, PULLEPADY ERNAKULAM, PIN
             - 682018

           BY ADVS.
           V.A.MUHAMMED
           M.SAJJAD


RESPONDENT/S:
    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
             CIVIL STATION @ KAKKANAD ERNAKULAM, PIN - 682030

     4       THE DISTRICT EDUCATIONAL OFFICER
             MARINE DRIVE, ERNAKULAM, PIN - 682011

             ADV NISHA BOSE-GP
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   12.06.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.C No. 20953 of 2024

                                  2




                            JUDGMENT

The petitioner is the Manager of an aided school and this writ

petition is submitted by the petitioner being aggrieved by the

revision of staff fixation order for the academic year 2023-2024 on

the basis of an inspection conducted by the Super Check Cell. As

against the order, by which the staff fixation order is sought to be

revised, the petitioner submitted Ext.P8 revision petition before

the 1st respondent which is now pending consideration. The

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

respondent to take a decision 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.P8 revision petition and pass appropriate orders

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

orders in this regard shall be passed within a period of four

months from the date of receipt of a copy of this judgment. It is

further clarified that, until a decision is taken as per Ext.P8, the

coercive proceedings, if any, initiated against the petitioner in

terms of Ext.P7, shall be kept in abeyance.

Sd/-

ZIYAD RAHMAN A.A. JUDGE rpk

APPENDIX OF WP(C) 20953/2024

PETITIONER EXHIBITS

Exhibit P-1 TRUE COPY OF THE STAFF FIXATION ORDER NO.

D.DIS. B2/61064/2023 DATED 22.08.2023 ISSUED BY THE 4TH RESPONDENT

Exhibit P-2 TRUE COPY OF THE ENTRIES MADE IN THE VISIT BOOK

Exhibit P-3 TRUE COPY OF THE SHOW CAUSE NO.

SC2/1788209/2023/ DGE DATED 06.03.2024 ISSUED BY THE 2ND RESPONDENT

Exhibit P-4 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE MANAGER DATED 15.03.2024

Exhibit P-5 TRUE COPY OF THE HEARING NOTICE NO.

SC2/1788209/2023/ DGE DATED 27.04.2024

Exhibit P-6 TRUE COPY OF THE HEARING NOTE SUBMITTED BY THE MANAGER BEFORE THE 2ND RESPONDENT

Exhibit P-7 TRUE COPY OF THE ORDER NO. NO.

SC(2)/1788209/2023/ DGE DATED 17.05.2024 BY THE 2ND RESPONDENT

Exhibit P-8 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE MANAGER BEFORE THE GOVERNMENT

Exhibit P-9 TRUE COPY OF THE UID OF MUHAMMED FIROJ

Exhibit P-10 TRUE COPY OF THE DECISION REPORTED IN 1975 (1) KER. 496 IN NALINA KUMARI V. STATE OF KERALA

Exhibit P-11 TRUE COPY OF THE ORDER NO.DDEEKM/ 9826/2023 DATED 21.11.2023 BY THE 4TH RESPONDENT