Kerala High Court
Subi S vs State Of Kerala on 13 November, 2024
2024:KER:85812
WP(C) NO. 40097 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024 / 22ND KARTHIKA,
1946
WP(C) NO. 40097 OF 2024
PETITIONERS:
1 SUBI S
AGED 42 YEARS
W/O. G. AJEESH, ATHIRA, THAMUNNA,
NOORANAD PO, ALAPPUZHA DISTRICT.
[UPPER PRIMARY SCHOOL TEACHER, PADANILAM HIGHER
SECONDARY SCHOOL, NOORANAD,
PIN - 690504
2 CHITHRA B
AGED 36 YEARS
W/O. SUNIL KUMAR P.S., KUTTIVILA, VADAKATHIL,
NEDUKULANJIMURI, PADANILAM PO, NOORANAD,
ALAPPUZHA DISTRICT. [UPPER PRIMARY SCHOOL
TEACHER, PADANILAM HIGHER SECONDARY SCHOOL,
NOORANAD -, PIN - 690592
3 ARAVIND A
AGED 30 YEARS
S/O. ANANDAN A.N., ANANDAPURAM, EDAKKUNNAM,
CHARUMMOOD PO, ALAPPUZHA DISTRICT.
[PHYSICAL EDUCATION TEACHER/UPPER PRIMARY
SCHOOL TEACHER, PADANILAM HIGHER SECONDARY
SCHOOL, NOORANAD, PIN - 690505
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BY ADVS.
S.SUBHASH CHAND
SRUTHI S. SEKHAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
(FORMERLY THE DIRECTOR OF PUBLIC INSTRUCTIONS),
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM,
PIN - 695014
3 THE DEPUTY DIRECTOR (EDUCATION),
OFFICE OF THE DEPUTY DIRECTOR (EDUCATION),
ALAPPUZHA DISTRICT,
PIN - 690101
4 THE DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
MAVELIKKARA, PIN - 690101
5 THE MANAGER (UNAPPROVED),
PADANILAM HIGHER SECONDARY SCHOOL, NOORANAD,
ALAPPUZHA (K. MANOHARAN, S/O. KRISHNAN,
CHANGIZHETHU HOUSE, PATTOOR PO, PATTOOR,
ALAPPUZHA, PIN - 690529
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WP(C) NO. 40097 OF 2024
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BY ADV
ADV.V.K. SUNIL, SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
The 1st and 2nd petitioners were appointed as UPST
and the 3rd petitioner was appointed as Physical Education
Teacher as against the sanctioned vacancies arose
consequent to the retirement vide Ext.P1 series orders.
However, proposal of appointments were returned by the 4 th
respondent on the reason that the same was issued by an
unapproved Manager. Exts.P4 to P6 are the orders impugned
in this regard. Being aggrieved, the petitioners submitted
Ext.P12 revision petition before the 2nd respondent against
the same and the limited prayer sought by the petitioners is to
direct the 2nd respondent to pass orders thereon within a time
frame.
After hearing the learned counsel for the petitioners
and the learned Government Pleader, I am inclined to
dispose of this writ petition. Accordingly, it is ordered that, the
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WP(C) NO. 40097 OF 2024
2nd respondent shall take up Ext.P12 and pass appropriate
orders thereon after hearing the petitioners, the respondents
4, 5 and other affected parties. The orders in this regard shall
be passed, within a period two months from the date of
receipt of a copy of the judgment. While taking a decision the
2nd respondent shall advert to Ext.P7 judgment and Ext.P11
order as well.
Sd/-
ZIYAD RAHMAN A.A., JUDGE
scs
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WP(C) NO. 40097 OF 2024
APPENDIX OF WP(C) 40097/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE APPOINTMENT ORDER
DATED 31/10/2022 ISSUED BY RESPONDENT
Exhibit P1(a) A TRUE COPY OF THE APPOINTMENT ORDER
DATED 26/6/2023 ISSUED BY RESPONDENT
NO. 5 TO PETITIONER NO. 2 AS UPPER
PRIMARY SCHOOL TEACHER
Exhibit P1(b) A TRUE COPY OF THE APPOINTMENT ORDER
DATED 26/6/2023 ISSUED BY RESPONDENT
Exhibit P2 . A TRUE COPY OF THE COVERING LETTER
BEARING NO. PHSS/213/2022 DATED
9/11/2022 THUS ISSUED BY RESPONDENT
NO. 5 IN RESPECT OF THE APPOINTMENT OF
Exhibit P3 A TRUE COPY OF THE GOVERNMENT ORDER
BEARING GO NO. 6008/2023/G.EDN. DATED
10/10/2023 THUS PASSED BY RESPONDENT
Exhibit P4 A TRUE COPY OF THE ORDER BEARING NO.
DEO/10915/2022 OF THE SENIOR
SUPERINTENDENT IN THE OFFICE OF
RESPONDENT NO. 4 IN RESPECT OF EXT. P1
APPOINTMENT ORDER EVIDENCING THE ABOVE
FACT
Exhibit P5 A TRUE COPY OF THE ORDER DATED
19/9/2023 THUS ISSUED BY RESPONDENT
NO. 4 IN RESPECT OF EXT. P1(A)
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APPOINTMENT ORDER
Exhibit P6 A TRUE COPY OF THE ORDER DATED
19/9/2023 THUS ISSUED BY RESPONDENT
NO. 4 IN RESPECT OF EXT. P1(B)
APPOINTMENT ORDER
Exhibit P7 A TRUE COPY OF THE OF THE RULING OF
THIS HON'BLE COURT REPORTED AS
PADNABHAN NAMBIAR VS. GOVERNMENT OF
KERALA [1997 KHC 444]
Exhibit P8 A TRUE COPY OF THE OF THE RULING OF
THIS HON'BLE COURT REPORTED AS THE
MANAGER, ST. MARY'S HS VS. BEJI
ABRAHAM [2002 KHC 88]
Exhibit P9 A TRUE COPY OF THE LETTER NO.
G1/9657/87/DPI. DATED 18/11/1987 OF
RESPONDENT NO. 2 (FORMERLY THE
DIRECTOR OF PUBLIC INSTRUCTION)
Exhibit P10 A TRUE COPY OF THE GOVERNMENT ORDER
BEARING GO(RT) NO. 956/06/G.EDN. DATED
2/3/2006
Exhibit P11 A TRUE COPY OF THE GOVERNMENT CIRCULAR
BEARING NO. 13402/J2/12/G.EDN. DATED
Exhibit P12 THE TRUE COPY OF THE STATUTORY
REVISION PETITION UNDER RULE 8A OF
CHAPTER XIVA KER SUBMITTED BEFORE
