Kerala High Court
Ahammed Kabeer P vs State Of Kerala on 21 May, 2024
WPC.No.18147/2024 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. 18147 OF 2024
PETITIONER:
AHAMMED KABEER P.,
AGED 26 YEARS,
S/O.NOORUDHEEN N.H, LPST, N.I.S.L.P SCHOOL,
PALOTTUPALLY, MATTANNUR POST,
KANNUR DISTRICT, PIN - 670 702.
BY ADVS.
POOVAMULLE PARAMBIL ABDULKAREEM
K.N.KUMARASWAMY SARMA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
2 DIRECTOR OF GENERAL EDUCATION,
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHI, THIRUVANANTHAPURAM, PIN - 695 014.
3 DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
THALASSERY, KANNUR DISTRICT, PIN - 670 101.
4 ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
MATTANNUR, KANNUR DISTRICT, PIN - 670 702.
WPC.No.18147/2024 2
5 MANAGER,
N.I.S.L.P SCHOOL, PALOTTUPALLY, MATTANNUR POST,
KANNUR DISTRICT, PIN - 670 702.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC.No.18147/2024 3
JUDGMENT
The petitioner, being aggrieved by the denial of approval of
his appointment as LPSA in the School managed by the 5 th
respondent, in the scale of pay, has approached by this Court
seeking the following reliefs:
I. To issue a writ of mandamus or any other
appropriate writ, order or direction directing the 1 st
respondent to consider and pass appropriate orders
on Ext.P5 revision petition adverting Exts.P6 to P8 as
expeditiously as possible.
II. To issue writ of Certiorari or any other appropriate
writ to quash Exts.P2 and P4 orders as it is illegal and
unsustainable.
III. To issue a writ of mandamus or any other
appropriate writ, order or direction directing the 4th
respondent to approve the appointment of the
petitioner as LPST from 15.07.2021 onwards in the
scale of pay forthwith.
IV. To declare that the petitioner is entitled to get
provisional approval as LPST in the scale of pay from
the date of appointment as the vacancy in which the
petitioner was appointed is an established vacancy
due to the retirement of Sri.Asgar P.K, LPST.
V. To dispense with filing of English translation of
vernacular documents produced.
VI. To grant such other relief which this Hon'ble
Court deems fit and necessary in the interest of
justice."
2. Petitioner has already highlighted his grievance by
submitting Ext.P5, which is now pending before the 1 st
respondent. Limited prayer sought by the petitioner is for a
direction to the 1 st respondent to consider and pass appropriate
orders on Ext.P5.
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.P5 and appropriate orders in this regard shall be
passed within a period of four months from the date of receipt of
a copy of this judgment, after hearing the petitioner and the 5 th
respondent. While taking a decision in this regard, the 1 st
respondent shall take into account Exts.P6 to P8.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/22.5.24
APPENDIX OF WP(C) 18147/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED
15/07/2021 ISSUED BY THE 5TH RESPONDENT
Exhibit P2 TRUE COPY OF THE ORDER NO.B/16337/2021
DATED 07/09/2023
Exhibit P3 TRUE COPY OF THE APPEAL DATED 21/09/2023
Exhibit P4 TRUE COPY OF THE ORDER NO.
B5/201417/2023 DATED 29/10/2023
Exhibit P5 TRUE COPY OF THE REVISION PETITION DATED
21/04/2024 SUBMITTED BY THE PETITIONER
Exhibit P6 TRUE COPY OF THE REQUISITION DATED
11/07/2023 SUBMITTED BY THE 5TH
RESPONDENT
Exhibit P7 TRUE COPY OF THE LETTER NO. JR
1/502/2023-GED DATED 24/01/2024 ISSUED
BY THE 1ST RESPONDENT
Exhibit P8 TRUE COPY OF THE CIRCULAR NO. DGE/15133-
2023(2)-H2 DATED 03/02/2024 ISSUED BY
THE 2ND RESPONDENT
