Citation : 2024 Latest Caselaw 14509 Ker
Judgement Date : 31 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
WP(C) NO. 19537 OF 2024
PETITIONER/S:
MANAGER,VANHODE A.U.P. SCHOOL, VANHODE P.O,
MANANTHAVADY WAYANAD DIST. PIN : 670731 RESIDING
AT KALLYANI NILAYAM, KARIVELLYR P.O, KANNUR DIST.
PIN : 670521, PIN - 670731
BY ADV MURALI PALLATH
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO
GOVT.
GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT
(ANNEX II), THIRUVANANTHAPURAM., PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THYCAUD
P.O, THIRUVANANTHAPURAM., PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION WAYANAD
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, CIVIL
STATION, KALPETTA, WAYANAD DIST, PIN - 673122
4 THE ASSISTANT EDUCATIONAL OFFICER
ASSISTANT EDUCATIONAL OFFICE, MANANTHAVADY,
WAYANAD DIST., PIN - 670545
5 AKHILA. P
D/O P. SARANGAPANI (LATE), VELLACHALIL,
MODAKKALLUR P.O, KOZHIKODE DIST., PIN - 673323
ADV NISHA BOSE - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.C No. 19537 of 2024
2
JUDGMENT
The petitioner is the Manager of Vanhode A.U.P School in
Mananthavady and this writ petition is submitted by him being
aggrieved by the Ext.P7 order by which the petitioner was asked to
give appointment to the 5th respondent, considering her claim under
Rule 51B of Chapter XIV A of KER. As against Ext.P7 order, the
petitioner submitted Ext.P12 which is now pending before the 1 st
respondent. The limited prayer sought by the petitioner is to direct
the 1st 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.P12 and pass appropriate orders thereon, in accordance with
law, after hearing the petitioner and the 5 th respondent. A decision
in this regard shall be taken within a period of four months from the
date of receipt of a copy of this judgment. Till such a decision is
taken, the enquiry proposed against the petitioner shall be kept in
abeyance.
Sd/-
ZIYAD RAHMAN A.A. JUDGE rpk
APPENDIX OF WP(C) 19537/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF APPLICATION DATED 29.05.1997 SUBMITTED BY SMT. CHANDRIKA. K.K W/O LATE P. SARANGAPANI
Exhibit P2 TRUE LEGIBLE TYPED COPY OF EXT. P1
Exhibit P3 TRUE COPY OF REPLY LETTER DATED 08.11.1997 ISSUED BY THE PETITIONER
Exhibit P4 TRUE LEGIBLE TYPED COPY OF EXT. P3
Exhibit P5 TRUE COPY OF APPLICATION DATED 20.01.2020 OF THE 5TH RESPONDENT
Exhibit P6 TRUE COPY OF LEGAL HEIRSHIP CERTIFICATE NO.
K.DIS- 6983/97/A2 DATED 18.09.1997 ISSUED THE THAHSILDAR, MANANTHAVADY
Exhibit P7 TRUE COPY OF ORDER NO. G5/4314/23/DGE K.DIS.
DATED 02.04.2024 PASSED BY THE ADDITIONAL DIRECTOR OF GENERAL EDUCATION(ACADEMIC) IN THE OFFICE OF THE 2ND RESPONDENT
Exhibit P8 TRUE COPY OF DECLARATION DATED 20.01.2020 SUBMITTED BY THE 5TH RESPONDENT
Exhibit P9 TRUE COPY OF GO (RT.) NO. 1542/2020/G.EDN.
DATED 07.05.2020
Exhibit P10 TRUE COPY OF HEARING NOTICE NO.
DDEWYD/2324/2022-B2 DATED 23.04.2024 ISSUED BY THE 3RD RESPONDENT
Exhibit P11 TRUE COPY OF HEARING NOTES SUBMITTED BY THE PETITIONER IN THE HEARING HELD ON 06.05.2024
Exhibit P12 TRUE COPY OF REVISION PETITION DATED 21.05.2024 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT
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