The Manager vs State Of Kerala
2024 Latest Caselaw 12617 Ker

Kerala High Court

The Manager vs State Of Kerala on 21 May, 2024

WPC.No.18081/24                         1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                      WP(C) NO.18081 OF 2024
PETITIONERS:

      1      THE MANAGER, AGED 65 YEARS,
             JAMA-ATH L.P.SCHOOL, CHEMBARATHUKUNNU, PONJASSERY,
             PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683 547.

      2      SIMI.C.A,
             AGED 41 YEARS,
             LOWER PRIMARY SCHOOL TEACHER, JAMA-ATH L.P.SCHOOL,
             CHEMBARATHUKUNNU, PONJASSERY, PERUMBAVOOR,
             ERNAKULAM DISTRICT, PIN - 683 547.

             BY ADVS.M.U.VIJAYALAKSHMI
             K.JAJU BABU (SR.)
             BRIJESH MOHAN


RESPONDENTS:

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

      2      THE ASSISTANT EDUCATIONAL OFFICER,
             OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
             PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683 543.


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   21.05.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC.No.18081/24                       2

                             JUDGMENT

The 1st petitioner is the Manager of Jama-Ath L.P.School,

Chembarathukunnu, Ponjassery and the 2 nd petitioner is the

person who was appointed as LPSA in the said school by the 1 st

petitioner. However, the appointment of the 2 nd petitioner was

not proved and being aggrieved by the Ext.P3 order issued in this

regard, the petitioners have submitted Ext.P5. Appointment of

the 2nd petitioner was approved only on daily wages basis as per

Ext.P3. Being aggrieved, the petitioners have submitted Ext.P5

revision petition before the 1st respondent which is now pending

consideration.

2. The limited prayer sought by the petitioners is for a

direction to the 1st respondent to take a decision on Ext.P5 within

a time frame.

After hearing the learned counsel for the petitioners 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.P5 and appropriate orders thereon shall be passed in

accordance with law after hearing the petitioners. Orders in this

regard shall be issued within a period of four months from the

date of receipt of a copy of this judgment. While taking a decision

in this regard, Ext.P4 which is the non-availability certificate

issued by the Sub Regional Employment Officer, Special

Employment Exchange for Differently Abled, Ernakulam shall also

be taken into account.

Sd/-

ZIYAD RAHMAN A.A. JUDGE DG/22.5.24

APPENDIX OF WP(C) 18081/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 21-2-2022 ISSUED BY THE 1ST PETITIONER APPOINTING THE 2ND PETITIONER.

Exhibit P2 TRUE COPY OF G.O(MS)NO.29/2023/GEDN DATED 24-3-2023 ISSUED BY THE 1ST RESPONDENT .

Exhibit P3 TRUE COPY OF ORDER NO.C/54512/2023 DATED 15-12-2023 ISSUED BY THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF NON-AVAILABILITY CERTIFICATE DATED 25-1-2024 ISSUED BY THE SUB REGIONAL EMPLOYMENT OFFICER, SPECIAL EMPLOYMENT EXCHANGE FOR DIFFERENTLY ABLED, ERNAKULAM TO THE 1ST PETITIONER.

Exhibit P5 TRUE COPY OF THE REVISION PETITION DATED NIL FORWARDED BY THE PETITIONERS ON 7-5- 2024 TO THE 1ST RESPONDENT ALONG WITH THE RECEIPT PROVING FORWARDING OF THE REVISION PETITION.