Disposed
Jacob P.Abraham v. State of Kerala
Kerala HCWP(C)/16692/2011
Case brief
from the order text
What is this about?
COURT OF KERALA AT ERNAKULAM PRESENT: THE…
What the court decided
AI extract
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
WEDNESDAY, THE 31ST DAY OF OCTOBER 2012/9TH KARTHIKA 1934
WP(C).No. 16692 of 2011 (J)
PETITIONER(S):
1. JACOB P.ABRAHAM, HSA (HINDI), HS ARKANNOOR, KOTTARAKKARA KOLLAM DISTRICT.
2. RAMESH.G., FT MENIAL, HS ARKANNOOR, KOTTARAKKARA KOLLAM DISTRICT.
BY ADVS.SRI.GEORGE POONTHOTTAM SRI.N.ANAND
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001.
2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM
3. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM.
4. THE DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA.
5. THE MANAGER, HS ARKANNOOR, ARKANNUR PO, AYOOR, KOLLAM DISTRICT.
R1 TO R4 BY GOVT.PLEADER SRI.K.A.LOWSY R5 BY ADV. SMT.I.SHEELA DEVI R5 BY ADV. SMT.K.A.ANITHA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
tss
W.P.(C) NO.16692/2011
APPENDIX
PETITIONER'S EXHIBITS:-
P1:- COPY OF THE ORDER NO.B5/4983/05/K.DIS DTD. 2.11.2005. P2:- COPY OF THE ORDER NO.B5/5696/05/K.DIS DTD. 2.6.2006. P3:- COPY OF THE ORDER NO.B4/3068/06/K.DIS DT.D 27.4.2006. P4:- COPY OF THE ORDER NO.B4/16640/06/K.DIS DTD. 6.11.2006. P5:- COPY OF THE ORDER NO.ETI/49112//2007/DPI/D.DIS DTD. 24.11.2007. P6:- COPY OF THE COMMUNICATION NO.A2/21582/06 DT. 19.1.2007. P7:- COPY OF THE COMMUNICATION NO.A2/21582/06 DTD. 19.1.2007. P8:- COPY OF THE G.O.(RT) NO.2203/08/G.EDN. DTD. 16.5.2008. P9:- COPY OF THE JUDGMENT IN W.P.(C) NO.31165/2008 DT.D 30.6.2010. P10:- COPY OF THE G.O.(RT) NO.1731/2011/G.EDN. DTD. 9.5.2011. P11:- COPY OF THE G.O.(RT) NO.1907/06/GL.EDN. DTD. 10.5.2006. P11:- COPY OF THE JUDGMENT IN WPC. 28577/2008 DTD 4.8.2011.(IA. 14349/2012) P12:- COPY OF THE ORDER NO.ET5/509/07/DPI/D.DIS DTD. 11.6.2007.
RESPONDENT'S EXHIBITS:-
NIL
//TRUE COPY//
P.A. TO JUDGE
tss
P.R. RAMACHANDRA MENON, J.
W.P.(C). No. 16692 of 2011
Dated this the 31st day of October, 2012
JUDGMENT
The petitioners have approached this Court with the
following prayers:
“i) Issue a writ of certiorari calling for the records leading to Ext.P10 and quash the same by which the approval is declined from the date of appointment.
ii) Issue a writ declaring that in view of subrule (viii) of Rule 6 of Chapter V Kerala Education Rules, the obligation of the Manager to absorb the teaching and non teaching staff arise only if qualified protected teachers are available and remain as retrenched from the respective educational district and when such hands are not available it is open for the Manager to make appointment from the open market by appointing qualified hands.
ii) Issue a writ of mandamus directing the 4th respondent to approve the appointment of the petitioners made in 2005 as H.S.A (Hindi) and as FTM in the 5th respondent school.
iii) Issue a writ declaring that the order passed ignoring the statutory mandate and requirement is only to be ignored and issue consequential directions for approval of the
W.P.C. No. 16692 of 2011 -2-
appointment from the date of the respective appointment of the petitioners. ”
& others (2011 (3) KLT 790). A copy of the said judgment has been produced as Ext.P11 along with I.A.No. 14349 of 2012. The learned counsel for the petitioner submits that the petitioner is also entitled to have similar relief flowing from Ext.P1.
W.P.C. No. 16692 of 2011
-3-
respondent's School and disburse the benefits flowing there from in the light of Ext.P11 judgment. The proceedings as above shall be finalized at the earliest, at any rate, within 'three months' from the date of receipt of a copy of this judgment.
Writ petition is disposed of.
P.R. RAMACHANDRA MENON, JUDGE.
Kp/-
Jacob P. Abraham
Ramesh.G.
State of Kerala
Director of Public Instruction, Thiruvananthapuram
Deputy Director of Education, Kollam
Manager, HS Arkannoor
P.R. Ramachandra Menon
As recorded by the court registry
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