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N.Divijendar Reddy vs State Of Kerala
2024 Latest Caselaw 26649 Ker

Citation : 2024 Latest Caselaw 26649 Ker
Judgement Date : 5 September, 2024

Kerala High Court

N.Divijendar Reddy vs State Of Kerala on 5 September, 2024

                                          2024:KER:68067
                            1
WP(C) No.23324 of 2024

        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. 23324 OF 2024

PETITIONER:


         N.DIVIJENDAR REDDY, AGED 53 YEARS
         S/O NIMMA SIVA REDDY, MANAGER, R.R.V. SCHOOLS,
         KILIMANOOR, THIRUVANANTHAPURAM RESIDING AT 6-
         13, MAGADHA VILLAGE, KOKAPET, GANDIPET MANDAL,
         HYDERABAD, TELENGANA-50075, PIN - 695601

         BY ADVS.
         GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
         MANU SRINATH
         NIMESH THOMAS
         LIJO JOHN THAMPY
         SAURAV VINOD



RESPONDENTS:


   1     STATE OF KERALA
         REPRESENTED BY THE SECRETARY TO GOVERNMENT,
         HIGHER SECONDARY EDUCATION DEPARTMENT,
         GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
         PIN - 695001

   2     DIRECTOR OF HIGHER SECONDARY EDUCATION,
         DIRECTORARATE OF HIGHER SECONDARY EDUCATION,
         HOUSING BOARD BUILDING, SANTHI NAGAR,
         THIRUVANANTHAPURAM, PIN - 695001
                                                      2024:KER:68067
                                  2
WP(C) No.23324 of 2024

   3        THE REGIONAL DEPUTY DIRECTOR
            RDD OFFICE, HSE, CORPORATION BUILDING,
            PALAYAM, THIRUVANANTHAPURAM, PIN - 695033

   4        PRINCIPAL, RRVGHSS, KILIMANOOR,
            THIRUVANANTHAPURAM, PIN - 695601

              GP K G SAROJINI
       THIS    WRIT   PETITION    (CIVIL)   HAVING    COME   UP   FOR
ADMISSION      ON   05.09.2024,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
                                                               2024:KER:68067
                                     3
WP(C) No.23324 of 2024

                              JUDGMENT

Dated this the 5th day of September, 2024

The writ petition is preferred being aggrieved by the

non approval of appointment of Principal as well as the non

approval of seniority list of the staff of the school despite the

staff fixation was conducted in December, 2023.

2. It is stated that the petitioner is the Manager of

Raja Ravivarma Girls Higher Secondary School, Kilimanoor.

The assessment of the strength of the staff fixation for the

academic sessions 2019-20 to 2023-24 of the school was

conducted by the Accounts Officer of the 3rd respondent in

December, 2023. However, no staff fixation orders have

been issued to the petitioner. In this regard, the petitioner

has preferred Ext.P3 application for approval of appointment

of Principal and Ext.P4 application for approval of seniority

list of the staff, including teachers and the lab attendants.

3. In the light of non consideration of these

applications, the petitioner has preferred two

representations, Exts.P5 and P6 for the very same purpose 2024:KER:68067

and seeks for a direction to dispose of Exts.P3 and P4

accompanied by Ext.P5 and P6 representations respectively.

4. I have heard Sri.George Varghese

Perumpallikuttiyil, the learned counsel for the petitioner and

Sri.Premchand R.Nair, the learned Government Pleader for

the respondents. Considering the nature of prayer sought for

in this writ petition, notice to the 4 th respondent is dispensed

with.

Therefore, this writ petition is disposed of in the

following manner:

1. The 3rd respondent is directed to consider and pass appropriate orders in Exts.P3 and P4 along with Exts.P5 and P6, within a period of one month from the date of receipt of a certified copy of this judgment.

2. While considering the above representations as directed above, the 3rd respondent shall afford an opportunity of hearing to the petitioner and other affected parties, if any.

3. The process of staff fixation shall be completed 2024:KER:68067

within the aforementioned period of one month.

4. The petitioner shall produce a copy of this writ petition together with a copy of this judgment before the 3rd respondent for compliance.

sd/-

P.M.MANOJ JUDGE das 2024:KER:68067

APPENDIX OF WP(C) 23324/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF STAFF FIXATION ORDER NO. T.R.O.-06/6957/HSE/2018 DATED 25.05.2020 BY THE 3RD RESPONDENT

Exhibit P2 A TRUE COPY OF LETTER NO.

RRV/REDDY/20240202/01 DATED 02.02.2024 ENCLOSING LETTER DATED 02.02.2024 ISSUED BY SMT. MINI T.S. HSST(PHYSICS) OF THE SCHOOL

Exhibit P3 A TRUE COPY OF LETTER NO.

RRV/REDDY/2024 0601/05 DATED 01.06.2024 ALONG WITH ALL ENCLOSURES

Exhibit P4 A TRUE COPY OF SENIORITY LIST SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT VIDE LETTER NO. RRV/20240101/15 DATED 01.06.2024 SENT BY THE PETITIONER TO THE 3RD RESPONDENT

Exhibit P5 A TRUE COPY OF LETTER NO.

RRV/20240612/19 DATED 10.06.2024 TO THE 3RD RESPONDENT

Exhibit P6 A TRUE COPY OF LETTER NO.

RRV/REDDY/20240615/01 DATED 15.06.2024 BEFORE THE 3RD RESPONDENT

 
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