Kerala High Court
The Manager (K.Balachandran), Sndp ... vs The State Of Kerala on 10 October, 2024
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2024:KER:76984
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
WP(C) NO. 35619 OF 2024
PETITIONER/S:
THE MANAGER (K.BALACHANDRAN), SNDP SANSKRIT HIGH
SCHOOL, VALLIKUNNAM
AGED 81 YEARS
VALLIKUNNAM.P.O,ALAPPUZHA DISTRICT.PIN 690501. RESIDING
AT PUTUKKATTU HOUSE,ELIPPAKKULAM.P.O, PALLICKAL,ALAP-
PUZHA DISTRICT), PIN - 690503
BY ADVS.
V.A.MUHAMMED
V.RAJASEKHARAN NAIR
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT SECRETARIAT, THIRUVANAN-
THAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION
CIVIL LINES, ALAPPUZHA, PIN - 688001
4 THE DISTRICT EDUCATIONAL OFFICER
NEAR TEMPLE, MAVELIKARA, PIN - 690101
5 SRI.RAHUL.R.
PHYSICAL EDUCATION TEACHER SNDP SANSKRIT HIGH
SCHOOL,VALLIKUNNAM VALLIKUNNAM.P.O,ALAPPUZHA DISTRICT,
PIN - 690501
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W.P.(C) No. 35619 of 2024 2024:KER:76984
OTHER PRESENT:
SMT.MARY BEENA JOSEPH-SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C) No. 35619 of 2024 2024:KER:76984
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ZIYAD RAHMAN A.A , J
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W.P.(C) No. 35619 of 2024
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Dated this the 10th day of October, 2024
JUDGMENT
The petitioner, is the Manager of an aided school and this
writ petition is submitted by the petitioner, being aggrieved by
the non-sanctioning of the post of Physical Education Teacher,
despite the fact that, the same was recommended by the DEO
and DDE, on the basis of the inspections conducted. It was
pointed out that, the DEO as well as DDE recommended
sanctioning of two additional post, that is, one HST(PS) and
one physical education Teacher. But, when the proposal was
submitted by DGE to the Government, the recommendation
regarding Physical Education Teacher was omitted.
Consequently, when the Government sanctioned the vacancies,
one HST(PS) alone was sanctioned.
W.P.(C) No. 35619 of 2024 2024:KER:76984
2. In such circumstances, seeking review of the
Government order passed in this regard, the petitioner
submitted Ext.P9, which is now pending before the 1st
respondent. The limited prayer sought by the petitioner is to
direct 1st respondent to take a decision thereon within a time
frame.
After hearing the learned Counsel for the petitioner and
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.P9 and appropriate orders thereon shall be
passed in accordance law, after hearing the petitioner. The
decision thereon shall be taken within a period of two months
from the date of receipt of copy of this judgment.
Sd/-
ZIYAD RAHMAN A.A
NJ JUDGE
W.P.(C) No. 35619 of 2024 2024:KER:76984
APPENDIX OF WP(C) 35619/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE
YEAR 2023-24 VIDE ORDER NO.B2/2250/2023/D.DIS
DATED 18.08.2023 OF THE DISTRICT EDUCATIONAL
OFFICER, MAVELIKKARA
Exhibit P-2 TRUE COPY OF THE SUPER CHECK REPORT OF THE
DDE DATED 18.10.2023
Exhibit P-3 TRUE COPY OF THE RECOMMENDATION SUBMITTED BY
THE DGE TO GOVERNMENT (ALONG WITH TYPED COPY)
Exhibit P-4 TRUE COPY OF THE G.O.(MS).NO.106/2024/G.EDN
DATED 23.08.2024
Exhibit P-5 TRUE COPY OF THE ORDER OF THE DISTRICT EDUCA-
TIONAL OFFICER, MAVELIKKARA VIDE
NO.B2/54285/2023 DATED 05.09.2024
Exhibit P-6 TRUE COPY OF THE APPOINTMENT ORDER OF THE PE-
TITIONER DATED 01.11.2023
Exhibit P-7 TRUE COPY OF THE ORDER OF THE DISTRICT EDUCA-
TIONAL OFFICER, MAVELIKARA VIDE ORDER
NO.B2/55972/2023 DATED 24.05.2024 REJECTING
THE APPROVAL OF SRI.RAHUL.R
Exhibit P-8 TRUE COPY OF THE REQUEST OF THE MANAGER AD-
DRESSING THE DIRECTOR VIDE NO.25/2024 DATED
31.08.2024
Exhibit P-9 TRUE COPY OF THE REVIEW PETITION SUBMITTED BY
THE PETITIONER BEFORE THE GOVERNMENT DATED
25.09.2024
