Disposed

K.Vasudevan v. Director of Public Instruction & Others

Kerala HC24 Jun 2008WP(C)/18649/2008

Case brief

AI extract

What is this about?

The Court disposed of the Writ Petition without hearing merits. A revision petition had been filed by the Manager after the writ was filed. The Court directed the State Government to dispose of the revision expeditiously and directed the petitioner to send judgment copies to the employees involved.

What did the court decide?

Directed the sixth respondent (State of Kerala) to dispose of the revision petition expeditiously. Petitioner to send judgment copy to other respondents and produce proof thereof.

K.Vasudevan Vs Director of Public Instruction & Others — Education and Admissions | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.T.SANKARAN

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TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930

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WP(C).No. 18649 of 2008(T)

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--------------------------

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PETITIONER:

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-----------K.VASUDEVAN, MANAGER, T.V.T.M. HIGH SCHOOL, VELIYAM, KOLLAM DT.

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BY ADV. SRI.NAGARAJ NARAYANAN

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RESPONDENTS:

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------------1. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM.

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THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM.

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THE DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA.

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B.GEETHA, D/O.P.BHASKARAN, THIRUVATHIRA, KUMMALOOR, CHATHANNOOR, KOLLAM DT.

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REETHA RAVINDRAN, H.S.A.(ENGLISH), T.V.T.M. HIGH SCHOOL, VELIYAM, KOLLAM DISTRICT.

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ADDL. 6TH RESPONDENT:

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STATE OF KERALA, REP. BY THE SECRETARY TO GOVT., GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM.

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(ADDL.6TH RESPONDENT IS IMPLEADED VIDE ORDER DATED 24.6.2008 ON IA NO.8084/2008)

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BY G.P. SHRI A.J.VARGHESE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.T. SANKARAN,J.

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-------------------------------------W.P.(C) No.18649 of 2008 T -------------------------------------Dated this the 24^th day of June, 2008.

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J U D G M E N T

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The Government Pleader takes notice for respondents 1 to 3. Notice to respondents 4 and 5 is not necessary for the proper disposal of the case.

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The petitioner is the Manager of T.V.T.M. High

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School, Veliyam, Kollam District. The school is an aided school.

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The reliefs prayed for in the Writ Petition are the

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following:-

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“i). issue a writ of certiorari

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or any other appropriate writ, direction or order calling for the records leading to Exhibits P2, P5, P6, P8 and P12 and quash the same as illegal.

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ii). and to issue such other reliefs as this Honourable Court may deem fit and proper in the circumstances of this case.”

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WP(C) No.18649/2008

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Ext.P12 is an order dated 5.6.2008 passed by the Director of Public Instruction, Thiruvananthapuram by which the contentions raised by the Manager were rejected. It is stated in Ext.P12 that Smt.B.Geetha, the fourth respondent in the Writ Petition, possess the qualification for the post of HSA (SS) from 15.6.1993. It is also stated in Ext.P12 order that Smt.B.Geetha was not allowed to join duty by the Headmistress on the basis of the direction issued by the Manager not to allow her to join duty. As per Ext.P12 order, the Manager was directed to allow Smt. B.Geetha to join the school as HSA(English) with immediate effect.

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The petitioner has challenged Ext.P12 order in Ext.P13 revision dated 20.6.2008 before the Government. Ext.P13 revision was filed after the filing of this Writ Petition. In view of the filing of Ext.P13 revision, the reliefs prayed for in the Writ Petition cannot be entertained at this stage. The learned counsel for the petitioner submits that the petitioner confines his reliefs for a direction to the sixth respondent, the State of Kerala, to dispose of Ext.P13 revision expeditiously.

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In the facts and circumstances of the case, the Writ Petition is disposed of directing the sixth respondent, the State of Kerala, to dispose of Ext.P13 revision expeditiously. The petitioner shall produce a copy of the Writ Petition and a copy of the judgment before the sixth respondent for the proper and effective consideration of Ext.P13 revision. Since notice is not issued to respondents 4 and 5, the petitioner shall send a copy of the judgment to

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WP(C) No.18649/2008

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respondents 4 and 5 and shall produce proof of the same before the sixth respondent before consideration of Ext.P13 revision. It is made clear that the petitioner is free to move the sixth respondent for appropriate interim relief. It is also made clear that I have not expressed any opinion on the merits of the case.

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K.T. SANKARAN, JUDGE.

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cks

K.Vasudevan v. Director of Public Instruction & Others

Case brief

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K.Vasudevan v. Director of Public Instruction & Others

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