Brajesh Kakkat vs M.M.M Higher Secondary School
2024 Latest Caselaw 31779 Ker

Kerala High Court

Brajesh Kakkat vs M.M.M Higher Secondary School on 6 November, 2024

                                             2024:KER:82378
WPC.No.39147/24                1

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

        THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

 WEDNESDAY, THE 6TH DAY OF NOVEMBER 2024 / 15TH KARTHIKA,

                           1946

                  WP(C) NO. 39147 OF 2024

PETITIONERS:

         BRAJESH KAKKAT,
         AGED 48 YEARS,
         HST (ENGLISH), S/O. NARAYANAN MASTER, M.M.M
         HIGHER SECONDARY SCHOOL, KUTTAYI P.O., TIRUR,
         MALAPPURAM RESIDING AT KAKKAT HOUSE, CHAMRAVATTOM
         TIRUR, MALAPPURAM DISTRICT, PIN - 676 102.


         BY ADVS.
         BIJU ABRAHAM
         SANGEETHA M. SAJAN
         PAUL MATHEW VINO



RESPONDENTS:

    1    M.M.M HIGHER SECONDARY SCHOOL,
         KUTTAYI, KUTTAYI P.O., TIRUR, MALAPPURAM DISTRICT
         REPRESENTED BY ITS MANAGER., PIN - 676 562.

    2    THE REGIONAL DEPUTY DIRECTOR OF EDUCATION,
         OFFICE OF THE REGIONAL DEPUTY DIRECTOR, HIGHER
         SECONDARY SECTION, MALAPPURAM DIST, PIN - 676
         505.

    3    THE DIRECTOR OF GENERAL EDUCATION,
         OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
         JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014.
                                                        2024:KER:82378
WPC.No.39147/24                       2


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

    5       THE DISTRICT EDUCATIONAL OFFICER,
            OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
            TIRUR, MALAPPURAM DISTRICT - 676 101.

    6       THE HEADMASTER,
            M.M.M HIGHER SECONDARY SCHOOL, KUTTAYI, KUTTAYI
            P.O., TIRUR, MALAPPURAM, PIN - 676 562.

    7       THE PRINCIPAL,
            M.M.M HIGHER SECONDARY SCHOOL, KUTTAYI, KUTTAYI
            P.O., TIRUR, MALAPPURAM, PIN - 676 562.

            SRI.V.K.SUNIL, SR.GOVERNMENT PLEADER


     THIS    WRIT   PETITION    (CIVIL)      HAVING    COME    UP    FOR
ADMISSION    ON   06.11.2024,   THE       COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                          2024:KER:82378
WPC.No.39147/24                          3

                                JUDGMENT

The petitioner is presently working in M.M.M Higher

Secondary School. Grievance of the petitioner is that, even though a

post of HSST Senior Grade is available in the Higher Secondary

Section of the School and the petitioner is eligible for promotion to

that vacancy, same is not being considered by the Manager of the 1 st

respondent. Even though the petitioner submitted Ext.P3 before the

1st respondent, it is not considered. In such circumstances, the

petitioner submitted Ext.P5 before the 2nd respondent.

2. Limited prayer sought by the petitioner is to direct

the 2nd 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 2nd respondent shall take

up Ext.P5 and appropriate orders thereon shall be passed after

hearing the petitioner, 1st, 5th and 6th respondents. Decision in this

regard shall be taken within a period of two months from the date of

receipt of a copy of this judgment.

Sd/-

ZIYAD RAHMAN A.A. JUDGE DG/6.11.24 2024:KER:82378

APPENDIX OF WP(C) 39147/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE SENIORITY LIST OF 1ST RESPONDENT AS ON 01-01-2023

Exhibit P2 A TRUE COPY OF THE STATEMENT OF RELINQUISHMENT OF MR. MOHANAN P.P. SUBMITTED TO THE 5TH RESPONDENT DATED 21-10-2024

Exhibit P3 A TRUE COPY OF THE CLAIM SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 26-06-2024

Exhibit P4 A TRUE COPY OF THE CIRCULAR DATED 08- 05-2024 ISSUED BY THE 4TH RESPONDENT

Exhibit P5 A TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 10-07-2024