Citation : 2024 Latest Caselaw 26649 Ker
Judgement Date : 5 September, 2024
2024:KER:68067
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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
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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
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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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