Dismissed

K.S.Vivekanandan v. State of Kerala

Kerala HC5 Feb 2013OP/16922/2002

Case brief

AI extract

What is this about?

The Court disposed of an original petition seeking quashing of promotion orders and direction to implement statutory rules regarding High School Assistant posts. It granted leave for the petitioner to approach the Government with a representation of grievances under the guidance of a cited Supreme Court decision before passing final orders.

What did the court decide?

Leave granted to petitioner to submit a representation to the Government within one month of the judgment; petition otherwise disposed of.

K.S.Vivekanandan Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2013)

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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 B.P.RAY

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TUESDAY, THE 5TH DAY OF FEBRUARY 2013/16TH MAGHA 1934

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OP.No. 16922 of 2002 (M)

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PETITIONER:

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K.S.VIVEKANANDAN, U.P.S.A. HIGH SCHOOL, THIRUVALAYANNUR, POST KALLUR-679 562.

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BY ADV. SRI.A.K.CHINNAN

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RESPONDENTS:

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1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT OF KERALA GENERAL EDUCATION(A) DEPARTMENT, SECRETARIAT ANNEXE

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THIRUVANANTHAPURAM-1.

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2. DIRECTOR OF PUBLIC INSTRUCTION, KERALA, THAICAUD, THIRUVANANTHAPURAM-695 014.

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3. DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD-680 506. 4. MANAGER, HIGH SCHOOL, THIRUVALAYANNUR, POST KALLUR-679 562, VADAKKEKAD THRISSUR.

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5. K.BABU VARGHESE, TEACHER, HIGH SCHOOL, THIRUVALAYANNAUR, KALLUR-679 562 CHAVAKKAD.

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6. A.F.JOHNSON, TEACHER, H.S., THIRUVALAYANNUR, KALLUR. 7. T.VIJAYAKUMARI, TEACHER, HIGH SCHOOL, THIRUVALAYANNUR, KALLUR-679 562 CHAVAKKAD.

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8. P.K.USHAKUMARI, TEACHER, HIGH SCHOOL, THIRUVALAYANNUR, KALLUR-679 562, CHAVAKKAD.

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9. USHA V.JOHN, TEACHER, HIGH SCHOOL, THIRUVALAYANNUR, KALLUR-679 562, CHAVAKKAD.

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OP.No. 16922 of 2002 (M)

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10. C.GEETHA, TEACHER, HIGH SCHOOL, THIRUVALAYANNUR, KALLUR-679 562, CHAVAKKAD.

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11. K.J.JAYA, TEACHER, HIGH SCHOOL, THIRUVALAYANNUR, KALLUR-679 562, CHAVAKKAD.

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R1 TO R3 BY GOVERNMENT PLEADER SRI.THOMAS JOHN AMBOOKAN R5, 9 BY ADVS. SRI.P.N.SANTHOSH

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SMT.K.P.GEETHA MANI R7,8,10,11 BY ADVS.SRI.V.A.MUHAMMED SRI.K.E.HAMZA

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THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 05-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP.No. 16922 of 2002 (M)

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APPENDIX

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---------

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PETITIONER'S EXHIBITS

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EXT.P1. COPY OF STATEMENT PREPARED BY THE PETITIONER SHOWING NUMBER DIVISIONS SANCTIONED AS PER STAFF FIXATION ORDERS FOR THE ACADEMIC YEAR 1986-87 TO 1993-94.

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EXT.P2. COPY OF STATEMENT PREPARED BY THE PETITIONER FOR THE ACADEMIC YEARS 1986-87 TO 1993-94.

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EXT.P3. COPY OF STAFF SENIORITY LIST.

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EXT.P4. COPY OF LIST OF GRADUATE UPSAS/LPSAS AWAITING PROMOTION UNDER RULE 43 CHAPT XIV A KER AS ON 1.6.92.

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EXT.P5. COPY OF ORDER NO.B1. 10280/93 DATED 26.4.94 OF THE 3RD RESPONDENT.

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EXT.P6. COPY OF REPLY DATED 4.12.1995 OF THE 2ND RESPONDENT TO THE PETITIONER.

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EXT.P7. COPY OF ORDER DATED 12.6.2000 OF THE GOVERNMENT TO THE PETITIONER.

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EXT.P8. COPY OF JUDGMENT IN O.P. NO.22076/2001 DATED 27.7.2001

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EXT.P9. COPY OF SUBMISSION SUBMITTED BY THE PETITIONER BEFORE THE REVISIONAL AUTHORITY GOVT. OF KERALA, THIRUVANANTHAPURAM.

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EXT.P10. COPY OF OLRDER VIDE G.O. (RT) NO.4452/2001/C1. EDN. DT. 3.12.2001 OF THE GOVERNMENT.

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RESPONDENT'S EXHIBIT

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-------------------EXHIBIT R5(A). COPY OF THE PROCEEDINGS OF THE MANAGER HIGH SCHOOL, THIRUVALAYANNUR DATED 7.11.2002.

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EXHIBIT R9(A). COPY OF THE APPOINTMENT ORDER DATED 1.6.1987 APPOINTING 9TH RESPONDENT AS UPSA.

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EXHIBIT R9(B). COPY OF THE APPOINTMENT ORDER DATED 18.7.89 APPOINTING 9TH RESPONDENT AS UPSA IN A REGULAR VACANCY.

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EXHIBIT R9(C). COPY OF THE APPOINTMENT ORDER DATED 18.9.91 APPOINTING 9TH RESPONDENT AS HAS.

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EXHIBIT R9(D). COPY OF THE APPOINTMENT ORDER DATED 1.6.1992 APPOINTING 9TH RESPONDENT AS HAS TO A REGULAR VACANCY

/ TRUE COPY /

P.A. TO JUDGE

B.P.RAY, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.No.16922 OF 2002

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5^th day of February, 2013

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JUDGMENT

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This original petition is filed with the following prayers:

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(a) issue a writ of certiorari or other appropriate writ, direction or order, quashing Ext.P5 order dated 26-4-1994 of the third respondent. Ext.P6 order dated 4-12-1995 of the second respondent Ext.P7 order 12-6-2000 and P10 order dated 3-12-2001 of the first respondent;

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(b) to declare that petitioner is entitled to be promoted as High School Assistant on 15-7-1989 in preference respondent 5 to 11;

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(c) issue a writ of mandamus or other appropriate writ, direction or order directing respondents 3 and 4 to implement strictly proviso to Rule 43 from 22-4-1986 and modify the promotions of Upper Primary School Assistants and cancel the appointments from open markets and to cancel the appointments and promotions in excess of the sanctioned strength of High School Assistants as per staff fixation order.

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Heard both sides and perused the materials available on record.

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Considering the entire facts and circumstances of the case, it is open to the

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petitioners to make a representation highlighting their entire grievances before the Government within one month from the date of receipt of a copy of this judgment. If such a representation is made, the Government shall consider the same and pass appropriate orders thereon, after giving an opportunity of hearing to all concerned, in the light of the decision reported in Deepa Augustine V. Geetha Alex [2008 (2) KLT 771 (SC)] .

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Original petition is disposed of.

B.P.RAY, JUDGE

jes

W.P.(C)No.

:: Page numbers ::

B.P.RAY, J.

- - - - - - - - - - - - - - - - - - - - - - - - O.P.No.16922 OF 2002

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JUDGMENT

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Dated 5^th February, 2013

K.S.Vivekanandan v. State of Kerala

Case brief

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K.S.Vivekanandan v. State of Kerala

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