Kerala High Court
The Manager (Dr. G. Chandrasenan) vs The State Of Kerala on 23 October, 2024
2024:KER:79167
WP(C) NO. 37095 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 23RD DAY OF OCTOBER 2024 / 1ST KARTHIKA, 1946
WP(C) NO. 37095 OF 2024
PETITIONER:
THE MANAGER (DR. G. CHANDRASENAN)
KERALA KALIDASA KERALA VARMA MEMORIAL HIGHER
SECONDARY SCHOOL, KUMARAPURAM, HARIPAD, ALAPPUZHA
DISTRICT, PIN - 690548
BY ADVS.
V.A.MUHAMMED
V.RAJASEKHARAN NAIR
RESPONDENTS:
1 THE STATE OF KERALA
KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEX- II, THIRUVANANTHAPURAM, PIN -
695001
2 THE DIRECTOR OF GENERAL EDUCATION
HIGHER SECONDARY WING), NEW BUILDINGS, ULLOOR
LANE, JAGATHY P O, THIRUVANANTHAPURAM, PIN -
695014
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION
OFFICE OF THE REGIONAL HIGHER SECONDARY
EDUCATION, EDUCATIONAL COMPLEX, AALTHARA
JUNCTION, CHENGANNUR P O, ALAPPUZHA DISTRICT, PIN
- 689121
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WP(C) NO. 37095 OF 2024
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4 SMT. RESMI M P
HIGHER SECONDARY SCHOOL TEACHER (ECONOMICS)
KERALA KALIDASA KERALA VARMA MEMORIAL HIGHER
SECONDARY SCHOOL, KUMARAPURAM, HARIPAD, ALAPPUZHA
DISTRICT, PIN - 690548
OTHER PRESENT:
ADV V K SUNIL -SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO. 37095 OF 2024
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ZIYAD RAHMAN A.A , J
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W.P.(C) No.37095 of 2024
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Dated this the 23rd day of October, 2024
JUDGMENT
The petitioner, is the Manager of an aided school.
According to the petitioner, he issued an appointment order to
Smt.Resmi M P, who was working as HST (SS), since 01.11.2000
in the said school, as HSST (economics) by way of by transfer
appointment with effect from 02.03.2022. The said teacher, is a
person with physical disability and therefore the contention of
the petitioner is that her appointment should be treated as the
appointment made towards the reservation provided under the
Rights of Persons with Disabilities Act, 2016.
2. Highlighting the said relief, the petitioner
submitted Ext.P14 appeal before the 2 nd respondent and the
limited prayer sought by the petitioner is to direct the 2 nd
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 2 nd respondent shall
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WP(C) NO. 37095 OF 2024
take up Ext.P14 and appropriate orders thereon shall be passed
in accordance with law, after hearing the petitioner, the 4 th
respondent and the affected parties if any. The orders in this
regard shall be passed within a period of two months from the
date of receipt of copy of this judgment.
Sd/-
ZIYAD RAHMAN A.A,
JUDGE
GBG
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WP(C) NO. 37095 OF 2024
APPENDIX OF WP(C) 37095/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF
SMT. RESMI M P DATED 02.03.2022
Exhibit P-2 TRUE COPY OF THE ORDER NO.
1672/C9/2022/RDD/CNGR DATED 12.01.2023
OF THE 3RD RESPONDENT
Exhibit P-3 TRUE COPY OF THE CERTIFICATE OF
DISABILITY DATED 07.10.2020
Exhibit P-4 TRUE COPY OF RPWD DATA COLLECTION
UPLOADED IN SAMNWAYA
Exhibit P-5 TRUE COPY OF THE RPWD DATA COLLECTION
REPORT GENERATED IN SAMNWAYA
Exhibit P-6 TRUE COPY OF THE LETTER DATED 25.09.2023
OF THE MANAGER ADDRESSED TO THE 3RD
RESPONDENT
Exhibit P-7 TRUE COPY OF THE G.O (MS.) NO.
141/2023/G.EDN DATED 22.09.2023
Exhibit P-8 TRUE COPY OF THE REQUEST NO. 22/2023-24
DATED 18.03.2024 ALONG WITH THE CONSENT
OF SRI. SURESHKUMAR P.R, JOINT SECRETARY
Exhibit P-9 TRUE COPY OF THE LETTER NO.
RDD/HSE/CNGR/1093/2024-C9 DATED
05.06.2024
Exhibit P-10 TRUE COPY OF THE REPLY LETTER NO. 5/24-
25 DATED 29.07.2024 ALONG WITH THE
SANCTION ORDER NO.
M3/280387/2021K.DIS/DGE DATED 26.08.2021
FOR SPECIAL ALLOWANCE
Exhibit P-11 TRUE COPY OF THE LETTER DATED 29.07.2024
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WP(C) NO. 37095 OF 2024
THROUGH THE RDD
Exhibit P-12 TRUE COPY OF THE ORDER NO. RDD/HSE/
CNGR/ 2163/2024-C9 DATED 30.09.2024
Exhibit P-13 TRUE COPY OF THE G O (MS.) NO.
111/2022/G.EDN DATED 25.06.2022
Exhibit P-14 TRUE COPY OF THE APPEAL PETITION DATED
10.10.2024 SUBMITTED BEFORE THE 2ND
RESPONDENT
Exhibit P-15 TRUE COPY OF THE GOVERNMENT LETTER NO.
JR1/17/2024/G.EDN DATED 11.04.2024
