Kerala High Court
Adwaith. B vs State Of Kerala on 5 September, 2024
W.P.(C.) No. 30949 of 2024
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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. 30949 OF 2024
PETITIONER:
ADWAITH. B
AGED 26 YEARS, S/O. BABY K.P.,
KATTAYATHPURAKKAL, P.O. KARIYAD SOUTH, KANNUR DISTRICT,
LOWER PRIMARY SCHOOL TEACHER, GANAPATHI VILASAM JUNIOR
AND PRE BASIC SCHOOL, NALUTHARA, P.O. NALUTHARA, KANNUR
DISTRICT, PIN - 673316
BY ADVS.
K.P.SUDHEER
ARUNDHATI NAIR
RESPONDENTS:
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 - 695014
3 DISTRICT EDUCATIONAL OFFICER
DISTRICT EDUCATIONAL OFFICE, THALASSERY,
KANNUR DISTRICT, PIN - 670101
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. 30949 of 2024
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P.M. MANOJ.J
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W.P.(C.) No. 30949 of 2024
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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 01.11.2021. 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 statutory revision before the 1 st 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:68282
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. Heard, Sri. K.P. Sudheer, learned counsel for the
petitioner and Sri. Premchand R. Nair, learned Government
Pleader appearing for respondent Nos. 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 4 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 5 th
respondent Manager shall be afforded with an opportunity to be
heard.
Accordingly, writ petition is disposed off.
Sd/-
P.M. MANOJ
JUDGE
sjb
2024:KER:68282
APPENDIX OF WP(C) 30949/2024
PETITIONER EXHIBITS
EXHIBIT P 1 TRUE COPY OF APPOINTMENT ORDER DATED
1.11.2021 ISSUED BY THE 5TH RESPONDENT
EXHIBIT P 2 TRUE COPY OF ORDER NO. G/ 21219/2021 DATED
13.12.2021 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 SENT BY THE
PETITIONER TO THE FIRST RESPONDENT ALONG WITH
ITS POSTAL RECEIPT DATED 1.7.2024.
EXHIBIT P 5 TRUE COPY OF POSTAL ACKNOWLEDGMENT CARD
EXHIBIT P 6 TRUE COPY OF ELIGIBILITY CERTIFICATE DATED
12.5.2023 ISSUED IN FAVOUR OF THE PETITIONER
RESPONDENTS' EXHIBITS:NIL
//TRUE COPY// P.A. TO JUDGE
