Nidheesh N.O vs The Manager
2024 Latest Caselaw 31369 Ker

Kerala High Court

Nidheesh N.O vs The Manager on 2 November, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                     &
                 THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
         Saturday, the 2nd day of November 2024 / 11th Karthika, 1946
                              WA NO. 1747 OF 2024
AGAINST ORDER DATED 01/10/2024 IN RP 995 /2024 IN WP(C) No.27772/2024 OF THIS
                                     COURT
 APPELLANT(S)/1ST RESPONDENT IN THE RP/PETITIONER IN THE WPC:

      NIDHEESH N.O. AGED 41 YEARS S/O. OUSEPH, HIGH SCHOOL TEACHER, ST.
      MICHAEL'S HIGHER SECONDARY SCHOOL, KUDAVECHOOR, KOTTAYAM, PIN -
      686144, RESIDING AT NISHAD BHAVAN, AMBIKA MARKET P.O., VAIKOM,
      KOTTAYAM, PIN - 686144

 BY ADVS.M/S. NAVEEN.T, CHITHRA CHANDRASEKHARAN,V.S.ABHISHEK & BIJI A
 MANIKOTH

RESPONDENT(S)/REVIEW PETITIONER & RESPONDENTS 2 TO 5 IN THE RP/RESPONDENTS IN
THE WPC:

   1. THE MANAGER, AGED 58 YEARS , ST. MICHAEL'S HIGHER SECONDARY SCHOOL,
      KUDAVECHOOR, KOTTAYAM DISTRICT, PIN - 686144
   2. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
      EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
      PIN - 695001
   3. THE DIRECTOR OF GENERAL EDUCATION DEPARTMENT, OFFICE OF THE DIRECTOR
      OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN - 695001
   4. THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF
      EDUCATION, KOTTAYAM, PIN - 686001
   5. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE D.E.O.,
      KADUTHURUTHY, KOTTAYAM DISTRICT, PIN - 686001

 BY GOVERNMENT PLEADER FOR R2 TO R5

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation and implementation of the order dated 1-10-2024 in
R.P.No.995/2024 in W.P.(C) No.27772/2024, and issue a direction to the 1st
respondent herein to allow the appellant/writ petitioner to continue as
HST in the School,subject to the outcome of the revision petition pending
before the Government, as ordered in the Judgment dated 5-8-2024 in
W.P.(C) No.27772/2024 of the learned single Judge, pending disposal of the
Writ Appeal.

     This Writ Appeal coming on for orders on 02/11/2024 upon perusing
the appeal memorandum, the court on the same day passed the following:
      ANNEXURE-A3 : TRUE COPY OF THE STAFF FIXATION ORDER
NO.B2/749031/2024 DATED 09-08-2024
         A. MUHAMED MUSTAQUE & P. KRISHNA KUMAR , JJ.
        ------------------------------------------------------------
                         W.A. No. 1747 of 2024
             ---------------------------------------------------------
                 Dated this the 02nd day of November, 2024


                                 ORDER

A.Muhamed Mustaque, J.

The learned Government Pleader is directed to get

instructions from the Deputy Director of Education as to the

pendency of the appeal against Annexure A3 - Staff Fixation

Order and also get instructions as to within what time, the

appeal can be disposed of.

2. The petitioner is permitted to continue as a High

School Teacher at his risk without there being any monetary

benefits attached to the post of High School Teacher.

Post on 15.11.2024.

Sd/-

A. MUHAMED MUSTAQUE, JUDGE

Sd/-

P. KRISHNA KUMAR, JUDGE Hand Over

PR

02-11-2024 /True Copy/ Assistant Registrar