Disposed

The Manager, Sreekrishnapuram Higher Secondary School v. the State of Kerala

Kerala HC4 Nov 2013WP(C)/21707/2013

Case brief

AI extract

What is this about?

The court disposed of the writ petition regarding a rejected school appointment appeal. It permitted the petitioner to challenge the subsequent revisable order passed by the lower authority under statutory remedies before the Government. The matter was left otherwise undisposed.

What did the court decide?

The writ petition is disposed of permitting the petitioner to challenge the order dated 27.09.2013 before the first respondent (Government) in accordance with law.

The Manager, Sreekrishnapuram Higher… — Pension and Retirement Benefits | 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 C.T.RAVIKUMAR

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MONDAY, THE 4TH DAY OF NOVEMBER 2013/13TH KARTHIKA, 1935

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WP(C).No. 21707 of 2013 (K)

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PETITIONER(S):

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1. THE MANAGER SREEKRISHNAPURAM HIGHER SECONDARY SCHOOL P.O.- SREEKRISHNAPURAM, PALAKKAD DISTRICT, PIN 679513.

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2. DHANYAMOL.A UPSA, SREEKRISHNAPURAM HIGH SCHOOL P.O.SREEKRISHNAPURAM, PALAKKAD-679513.

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BY ADVS.SRI.M.V.BOSE

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SRI.VINOD MADHAVAN SMT.NISHA BOSE

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RESPONDENT(S):

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

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2. THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM-695001.

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3. THE DEPUTY DIRECTOR OF EDUCATION PALAKKAD-678001.

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4. THE DISTRICT EDUCATIONAL OFFICER OTTAPPALAM-679101.

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BY GOVERNMENT PLEADER SMT.A.LOWSY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 21707 of 2013 (K)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT-P1: TRUE COPY OF ORDER DATED 04.06.2008.

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EXHIBIT-P2: TRUE COPY OF ORDER DATED 05.06.2009.

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EXHIBIT-P3: TRUE COPY OF APPEAL PETITION DATED 21.05.2009 BEFORE THE 3RD RESPONDENT.

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EXHIBIT-P4: TRUE COPY OF ORDER DATED 29.10.2011.

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EXHIBIT-P4(A):TRUE COPY OF G.O.(P) NO.104/2008/G.EDN DATED 10.06.2008.

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EXHIBIT-P5: TRUE COPY OF THE APPEAL PETITION BEFORE THE 2ND RESPONDENT DATED 21.12.2011.

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RESPONDENT(S)' EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE.

dlk

C.T.RAVIKUMAR, J

W.P.(C) No. 21707 of 2013

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Dated this the 4^th day of November, 2013

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JUDGMENT

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The first petitioner is the manager of

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Sreekrishnapuram Higher Secondary School and the second petitioner is working as Upper Primary School Assistant in the said school. She was appointed as such by the first petitioner as per Ext.P1 order. The contention of the petitioner is that the said appointment was effected against a regular vacancy with effect from 4.6.2008 and the approval of her appointment covered by Ext.P1 order was illegally rejected. The petitioner took up the matter before the second respondent through Ext.P5. Essentially, it is raising grievance regarding the delay in the matter of disposal of Ext.P5 that this writ petition has been filed. When this matter is taken up for consideration today, the learned counsel submitted that during the pendency of this writ petition an order

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was passed by the second respondent on Ext.P5 appeal 27.9.2013. Evidently, it is a revisable order in terms of the

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W.P.(C) No. 21707 of 2013

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provision under Rule 92 of Chapter XIV A of Kerala Education Rules. The learned counsel therefore, submitted that liberty may be given to the petitioner to challenge the said order No.KDis./EMI/65917/13/DPI dated 27.9.2013 before the Government.

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Having heard the learned counsel appearing for the petitioners and also the learned Government Pleader I am of the view that this writ petition can be disposed of leaving the petitioner at liberty to challenge the aforesaid order dated 27.9.2013 in accordance with law, by availing the statutory remedy. In that view of the matter this writ petition is disposed of permitting the petitioner to challenge the said order dated 27.9.2013 before the first respondent, in accordance with law.

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Sd/-

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C.T.RAVIKUMAR,JUDGE.

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dlk

The Manager, Sreekrishnapuram Higher Secondary School v. the State of Kerala

Case brief

What is this about?

What did the court decide?

The Manager, Sreekrishnapuram Higher Secondary School v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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