Disposed

Fasalul Haque v. State of Kerala

Kerala HC6 Dec 2012WP(C)/29083/2012

Case brief

AI extract

What is this about?

In a writ petition challenging non-approval of appointment as an Upper Primary School Assistant, the petitioner sought direction for the first respondent to consider a pending revision petition. The Court disposed of the petition, dispensing with notice to the fifth respondent, and directed the first respondent to consider and decide the revision petition within three months after giving an opport

What did the court decide?

Direction to the first respondent to consider and dispose of the extension petition within three months after giving a hearing.

Fasalul Haque Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

¶4

THURSDAY, THE 6TH DAY OF DECEMBER 2012/15TH AGRAHAYANA 1934

¶5

WP(C).No. 29083 of 2012 (I)

¶6

PETITIONER(S):

¶7

FASALUL HAQUE, AGED 35 YEARS, S/O.ALIKUTTY HAJI, V.K.HOUSE, VILAYIL P.O., KUZHIMANNA(VIA)-673652, MALAPPURAM DISTRICT.

¶8

BY ADV. SRI.P.K.MOHAMED JAMEEL

¶9

RESPONDENT(S):

¶10

STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶11

THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695014.

¶12

THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM-676505.

¶13

THE ASSISTANT EDUCATIONAL OFFICER, KIZHISSERY-673641, MALAPPURAM DISTRICT.

¶14

THE MANAGER, VIDYAPOSHINI AIDED UPPER PRIMARY SCHOOL, VILAYIL(PO), PARAPPUR, MALAPPURAM DISTRICT, PIN-673652.

¶15

R1 TO R4 BY SR. GOVERNMENT PLEADER SRI.M.A.FAYAZ

¶16

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

DSV/-

¶18

WP(C).No. 29083 of 2012 (I)

¶19

APPENDIX

¶20

PETITIONER(S) EXHIBITS :

¶21

EXT-P1 COPY OF THE PETITIONER'S APPOINTMENT ORDER DATED 1/11/2006

¶22

EXT-P2 COPY OF THE PETITIONER'S APPOINTMENT ORDER DATED 01/06/2010

¶23

EXT-P3 COPY OF THE ORDER PASSED BY ASSISTANT EDUCATIONAL OFFICER, KIZHISSERY DATED 11/01/2011

¶24

EXT-P4 COPY OF THE ORDER PASSED BY DISTRICT EDUCATIONAL OFFICER, MALAPPURAM DATED 07/04/2011

¶25

EXT-P5 COPY OF THE CLARIFICATION LETTER ISSUED BY THE IST RESPONDENT DATED 25/10/2011

¶26

EXT-P6 COPY OF THE REVISION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.

¶27

RESPONDENTS' EXHIBITS : NIL

// TRUE COPY //

P.A. TO JUDGE

DSV/-

P.R. RAMACHANDRA MENON J.

¶32

¶33

W.P.(C) No. 29083 of 2012

¶34

¶35

Dated, this the 6^th day of December, 2012

¶36

JUDGMENT

¶37

Non-approval of appointment of the petitioner as UPSA

¶38

for the period from 01.06.2010 to 31.05.2011 is the subject matter of challenge.

¶39

The petitioner is a Rule 51 B claimant, whose appointment has been approved only w.e.f. 01.06.2011, by virtue of inclusion in the 'Teachers Package'. The case of the petitioner is that, in view of the dispute as to the correctness and sustainability of the appointment given to her earlier, she was shifted to a retirement vacancy of Junior Arabic Teacher (Full-Time) on 01.06.2010; approval of which was rejected by the Educational Authority as per Ext. P3 order, for the reason that the Manager did not appoint any protected teacher. The said order passed by the 4^th respondent was confirmed by the 3^rd respondent vide Ext. P4 dated 07.04.2011; being aggrieved of which, the petitioner has preferred Ext. P6 revision petition before the first respondent.

¶40

W.P.(C) No. 29083 of 2012

¶41

: 2 :

¶42

The learned counsel for the petitioner submits that

¶43

the only relief now pressed before this Court is to cause Ext. P6 to be considered and disposed of by the first respondent within a reasonable time.

¶44

Heard the learned Government Pleader as well.

¶45

In view of the limited nature of relief pressed before this Court, issuance of notice to the fifth respondent is

¶46

dispensed with for the time being. The Writ Petition is disposed of, directing the first respondent to consider and pass appropriate orders on Ext. P6 revision petition in accordance with law, after giving an opportunity of hearing to the petitioner and also to the 5^th respondent, at the earliest, at any rate, within three months from the date of receipt of a copy of this judgment.

¶47

The petitioner shall produce a copy of this judgment along with copy of the writ petition before the first respondent for further steps. sd/-

¶48

kmd

¶49

P. R. RAMACHANDRA MENON, (JUDGE) /True copy/

¶50

P.A to Judge

Fasalul Haque v. State of Kerala

Case brief

What is this about?

What did the court decide?

Fasalul Haque v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Kerala State Electricity Board Vs K.S.Damodaran Namboothiri

Mini A.J. Vs Government of Kerala

A.Nazeera Beevi Vs Government of Kerala

Shahina Vs State Ofkerala and 3 Others

S.Ramachandran Nair Vs State of Kerala

The Manager, Sn Trust Schools Kollam Vs State of Kerala