Citation : 2024 Latest Caselaw 29568 Ker
Judgement Date : 17 October, 2024
WP(C) NO. 36215 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
WP(C) NO. 36215 OF 2024
PETITIONER/S:
NYCY V.A.
AGED 40 YEARS
W.O.BABU, RESIDING AT VADUKKUMCHERY HOUSE,
ENGANDIYUR P.O., CHAVAKKADU,
THRISSUR,, PIN - 680615
BY ADV T.RAJASEKHARAN NAIR
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL
SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM, PIN - 695001
3 THE ASSISTANT EDUCATIONAL OFFICER
OFFICE OF THE ASSISTANT EDUCATION OFFICER,
VALAPPAD, THRISSUR DISTRICT, PIN - 680567
4 THE HEADMASTER
THIRUMANGALAM U.P.SCHOOL, ENGANDIYUR P.O..
THRISSUR., PIN - 680615
Adv. V.K Sunil, Sr. G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 36215 OF 2024
2
JUDGMENT
The petitioner is one of the legal heirs
of the deceased-Manager of the Thirumangalam
Upper Primary School, Engandiyur in Thrissur
District. According to the petitioner, the
majority of the legal heirs have taken a
decision to appoint the petitioner as a Manager
and a proposal in this regard was submitted
before the educational authorities. However,
the same was rejected as per Exts.P5 and P8.
Being aggrieved by the same, the petitioner
submitted Ext.P9 revision petition before the
first respondent which is now pending
consideration. The limited prayer sought by
the petitioner is to direct the first
respondent to pass appropriate orders therein
within a time frame.
2. After hearing the learned counsel
for the petitioner and the learned Government
Pleader, I am inclined to dispose of the writ
petition.
WP(C) NO. 36215 OF 2024
Accordingly, it is ordered that the first
respondent shall take up Ext.P9 and pass
appropriate orders, after hearing the
petitioner and all the members of the
Educational agency. The orders shall be passed
therein by following the timeline and
priorities contemplated in G.O.
(Ms)No.54/2024/G.EDN dated 01.06.2024.
sd/-
ZIYAD RAHMAN A.A, JUDGE R.AV WP(C) NO. 36215 OF 2024
APPENDIX OF WP(C) 36215/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE PHOTOCOPY OF THE ORDER OF APPROVAL DATED 16.1.2008 ISSUED BY THE 3RD RESPONDENT
Exhibit P2 A TRUE PHOTOCOPY OF THE DEATH CERTIFICATE ISSUED BY THE DEPARTMENT OF PANCHAYAT
Exhibit P3 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 20.10.2023 SUBMITTED BY THE PETITIONER ALONG WITH THE CONSENT LETTER OF OTHER LEGAL HEIRS BEFORE THE 3RD RESPONDENT DATED 31.05.2023
Exhibit P4 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 13.11.2023 IN W.P.(C)37514/2023 PASSED BY THIS HONOURABLE COURT
Exhibit P5 A TRUE PHOTOCOPY OF THE ORDER DATED 22.01.023 ISSUED BY THE 3 RD RESPONDENT
Exhibit P6 A TRUE PHOTOCOPY OF THE APPEAL MEMORANDUM SUBMITTED BY THE PETITIONER BEFORE THE 2 ND RESPONDENT DATED 16.2.2024
Exhibit P7 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 23.2.2024 IN W.P.(C)6892/2024 PASSED BY THIS HONOURABLE COURT
Exhibit P8 A TRUE PHOTOCOPY OF THE ORDER DATED 2.5.2024 ISSUED BY THE 2ND RESPONDENT
Exhibit P9 A TRUE PHOTOCOPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 1.6.2024
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