Anwar Sadiq Machingal vs Deputy Director Of Education
2024 Latest Caselaw 13193 Ker

Kerala High Court

Anwar Sadiq Machingal vs Deputy Director Of Education on 23 May, 2024

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
   THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                   WP(C) NO. 17230 OF 2024
PETITIONER/S:

         ANWAR SADIQ MACHINGAL
         AGED 30 YEARS
         SON OF ABDUL HAMEED M, UPST, PKM UP SCHOOL,
         ALPATTAKULAMBA, KODUR, MALAPPURAM, PIN - 676504

         BY ADVS.
         AUGUSTINE JOSEPH
         GEORGE RENOY



RESPONDENT/S:

    1     DEPUTY DIRECTOR OF EDUCATION
          DOWN HILL, MALAPPURAM, PIN - 676519

    2     ASSISTANT EDUCATION OFFICER
          DOWN HILL, MALAPPURAM, PIN - 676519

    3     MANAGER
          PKM UP SCHOOL, ALPATTA KULAMBA, KODUR, MALAPPURAM,
          PIN - 676504


OTHER PRESENT:

          ADV NISHA BOSE - GP




    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.C No. 17230 of 2024

                                 2


                           JUDGMENT

The petitioner, is a UPST working under the school managed

by the 3rd respondent. The approval of appointment is being

denied on the ground that the post vacant was that of LPST. In

such circumstances, the petitioner as well as the 4 th respondent-

Manager have submitted Ext.P3 and P4 which are pending before

the 1st respondent. The limited prayer sought by the petitioner is

for a direction to 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, this Writ Petition is disposed of,

directing the 1st respondent to take up Ext.P3 and P4, and pass

appropriate orders in accordance with law, after hearing the

petitioner and the 3rd respondent. While taking a decision on

Ext.P3 and P4, the decisions relied on by the petitioner and

specifically referred to in the representation shall also be adverted

to.

Sd/-

ZIYAD RAHMAN A.A. JUDGE rpk

APPENDIX OF WP(C) 17230/2024

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 1.11.2022 OF THE PETITIONER.

Exhibit-P2 TRUE COPY OF THE STAFF FIXATION PROCEEDINGS NO.C/47733/2022 DATED 23.8.2022.

Exhibit-P3 TRUE COPY OF THE REVISION PETITION DATED 26.6.2023 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT.

Exhibit-P4 TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER DATED 26.4.2024.