Kerala High Court
Sumiyath P K vs The State Of Kerala on 11 September, 2024
2024:KER:70129
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA,
1946
WP(C) NO. 32270 OF 2024
PETITIONER/S:
SUMIYATH P K
AGED 42 YEARS
WIFE OF MUHAMMED IQBAL P, UPPER PRIMARY SCHOOL
TEACHER (UPST), KURUVANTHERI U P SCHOOL, P.O.
CHEKKIAD, KOZHIKODE DISTRICT, PIN - 673509
BY ADV V.A.MUHAMMED
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
3 THE DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
VADAKARA, KOZHIKODE DISTRICT, PIN - 673101
4 THE ASSISTANT EDUCATIONAL OFFICER
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
NADAPURAM, KOZHIKODE DISTRICT, PIN - 673504
5 THE MANAGER
KURUVANTHERI U P SCHOOL, P.O. CHEKKIAD, KOZHIKODE
DISTRICT, PIN - 673509
W.P.(C) No.32270 of 2024
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OTHER PRESENT:
ADV NISHA BOSE-SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.32270 of 2024
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P.M.MANOJ, J.
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W.P.(C)No.32270 of 2024
--------------------------------------------------------
Dated this the 11th day of September, 2024
JUDGMENT
The petitioner was appointed as UPSA from 01.08.2019
onwards. The appointment was made against the resultant
vacancy of voluntary retirement of Sri.P.K.Krishnadasan, UPSA on
31.07.2019. However, the approval of appointment has been
rejected by Exts.P4 and P5. Being aggrieved by that, the
petitioner has approached the 2nd respondent and by Ext.P6
order, the 2nd respondent has directed the 4th respondent to take
action. However, no action has been taken by the
4th respondent. Hence, the petitioner has preferred Ext.P10
revision before the Government. It is stated that the revision
petition is pending before the Government and seeking for a
limited prayer to consider and pass appropriate orders on
Ext.P10 by the 1st respondent.
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2. I have heard Sri.V.A.Muhammed, the learned counsel
for the petitioner and Ms.Nisha Bose, the learned Government
Pleader for respondents 1 to 4.
3. On considering the limited nature of prayer, I propose
to dispense notice to the 5th respondent. Hence, notice to the 5th
respondent is dispensed with.
4. On considering the limited nature of prayer sought in
the writ petition, it is apposite to direct the 1 st respondent to
consider and pass appropriate orders on Exts.P10 in accordance
with law, after affording an opportunity of hearing to the
petitioner as well as the Manager and other Educational
Authorities, within a period of three months from the date of
receipt of a certified copy of this judgment. At this point, the
counsel for the petitioner submitted that already Government
has issued a G.O.(MS) No.49/2024.Gen.Edn. dated 18.05.2024
with respect to the time limit to be taken for disposal of such
revision petition. The 1st respondent shall consider the said
Government Order, also while disposing Ext.P10 revision
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petition. The entire exercise shall be completed within the time
limit as either in the Government Order or as directed as above.
The writ petition is disposed of as above.
Sd/-
P.M.MANOJ
JUDGE
sss
2024:KER:70129
APPENDIX OF WP(C) 32270/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE G.O. (P) NO.
3/2019/G.EDN. DATED 28.02.2019
Exhibit P-2 TRUE COPY OF THE CIRCULAR NO.
J2/57/2019/G.EDN. DATED 08.03.2019
Exhibit P-3 TRUE COPY OF THE APPOINTMENT ORDER
DATED 01.08.2019
Exhibit P-4 TRUE COPY OF THE ORDER NO. C/17793/2019
DATED 01.01.2020 OF THE AEO, NADAPURAM
Exhibit P-5 TRUE COPY OF THE ORDER NO.
B5/191530/2020 DATED 21.09.2020 OF THE
DEO, VADAKARA
Exhibit P-6 TRUE COPY OF THE ORDER NO.
G2/237253/2022 DATED 11.05.2023 OF THE
2ND RESPONDENT OFFICE
Exhibit P-7 TRUE COPY OF ORDER NO. 1/2021 DATED
08.09.2023 OF THE MANAGER
Exhibit P-8 TRUE COPY OF THE HEARING NOTICE NO.
AEONPM/446/2024 DATED 25.5.2024 OF THE
AEO, NADAPURAM
Exhibit P-9 TRUE COPY OF THE STAFF LIST AS ON
01.08.2019
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Exhibit P-10 TRUE COPY OF THE REVISION PETITION
SUBMITTED BEFORE THE 1ST RESPONDENT
DATED 16.08.2024
