Citation : 2024 Latest Caselaw 26639 Ker
Judgement Date : 5 September, 2024
2024:KER:69054
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
WP(C) NO. 31277 OF 2024
PETITIONER/S:
AJANNYA SAJITH
AGED 25 YEARS
D/O. SAJITH KUMAR. K., AMBADI, P.O. PARAL,
KODIYENI, THALASSERY, KANNUR DISTRICT LOWER PRIMARY
SCHOOL TEACHER, GANAPATHI VILASAM JUNIOR AND PRE
BASIC SCHOOL, NALUTHARA, P.O. NALUTHARA, KANNUR
DISTRICT, PIN - 670671
BY ADVS.
K.P.SUDHEER
ARUNDHATI NAIR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT,
THIRUVANANTHAPURAM –, PIN - 695001
2 DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR GENERAL OF EDUCATION,
JAGATHY, THIRUVANANTHAPURAM –, PIN - 695914
3 DISTRICT EDUCATIONAL OFFICER,
DISTRICT EDUCATIONAL OFFICE, THALASSERY, KANNUR
DISTRICT, PIN - 670101
W.P.(C.) No. 31277 of 2024
2
2024:KER:69054
4 ASSISTANT EDUCATIONAL OFFICER
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
THALASSERY SOUTH, KANNUR DISTRICT, PIN - 670101
5 THE MANAGER
GANAPATHI VILASAM JUNIOR AND PRE BASIC SCHOOL,
NALUTHARA, P.O. NALUTHARA, KANNUR DISTRICT, PIN -
673320
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C.) No. 31277 of 2024
3
2024:KER:69054
P.M. MANOJ.J
-------------------------------------------------------
W.P.(C.) No. 31277 of 2024
--------------------------------------------------------
Dated this the 5th day of September, 2024
JUDGMENT
The writ petition is preferred being aggrieved by the delay
in considering the revision petition filed before the 1 st respondent.
2. It is stated that the petitioner was appointed as Lower
Primary School Teacher in the 5th respondent school in a
retirement vacancy that arose on 19.06.2023. Accordingly, the
Manager has submitted application for approval of appointment of
the petitioner. By Ext.P2 order, the 4 th respondent rejected the
proposal for appointment of the petitioner.
3. Being aggrieved by that, the petitioner submitted
Ext.P4 revision petition before the 1st respondent invoking the
powers under Rule 92 of Chapter XIV A KER. It is stated that, the
said revision petition is pending before the 1 st respondent for
consideration and for passing appropriate orders.
2024:KER:69054
4. On considering the limited nature of the prayer, I
propose to dispense notice to the 5 th respondent. Hence, notice
to 5th respondent is dispensed with.
5. I have heard Sri. K.P. Sudheer, the learned counsel for
the petitioner and Sri. Premchand R. Nair, the learned Government
Pleader appearing for respondents 1 to 4.
On considering the limited nature of the prayer, I direct
the 1st respondent to consider and pass appropriate orders on
Ext.P4 Revision within a period of four months from the date of
receipt of a certified copy of this judgment. Needless to say, while
hearing Ext.P4 revision petition, the petitioner as well as the
5th respondent Manager shall be afforded with an opportunity to be
heard.
The writ petition is disposed of as above.
Sd/-
P.M. MANOJ
JUDGE sss
2024:KER:69054
APPENDIX OF WP(C) 31277/2024
PETITIONER EXHIBITS
EXHIBIT P 1 TRUE COPY OF APPOINTMENT ORDER DATED 19.6.2023 ISSUED TO THE PETITIONER BY THE 5TH RESPONDENT.
EXHIBIT P 2 TRUE COPY OF ORDER NO. G/50358/2023 DATED 06.10.2023 ISSUED BY THE 4TH RESPONDENT
EXHIBIT P 3 TRUE COPY OF CIRCULAR NO.
13402/J2/12/G.EDN DATED 10/04/2012 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P 4 TRUE COPY OF REVISION PETITION DATED 1.7.2024 SENT BY THE PETITIONER TO THE FIRST RESPONDENT.
EXHIBIT P 5 TRUE COPY OF POSTAL ACKNOWLEDGMENT CARD
RESPONDENTS' EXHIBITS:NIL
//TRUE COPY// P.A. TO JUDGE
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