Partly allowed

N.K.Ebrayi v. the State of Kerala

Kerala HC1 Apr 2015WP(C)/10796/2015

Case brief

AI extract

What is this about?

This one-line order addressed a pending revision petition on seniority of a teacher. The High Court directed the Government to decide the petition within four months after hearing parties and considering the cited judgment, before the main writ petition is disposed of.

What did the court decide?

Directed the Government to consider and pass orders on the pending revision petition within four months after hearing parties and considering Ext.P9.

N.K.Ebrayi Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2015)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

WEDNESDAY, THE 1ST DAY OF APRIL 2015/11TH CHAITHRA, 1937

¶5

WP(C).No. 10796 of 2015 (Y)

¶6

PETITIONER(S):

¶7

N.K.EBRAYI AGED 35 YEARS SON OF MOIDEEN, HIGH SCHOOL ASSISTANT (ENGLISH) R.A.C. HIGHER SECONDARY SCHOOL, KATAMERI KOZHIKODE DISTRICT - 673 524. BY ADVS.SRI.V.A.MUHAMMED SRI.M.SAJJAD

¶8

RESPONDENT(S)/RESPONDENTS:

¶9

THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM - 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM - 695014. 3. THE DEPUTY DIRECTOR OF EDUCATION KOZHIKODE DISTRICT - 673 020. 4. THE DISTRICT EDUCATIONAL OFFICER VADAKARA, KOZHIKODE DISTRICT - 673 101. 5. THE MANAGER R.A.C.HIGHER SECONDARY SCHOOL, KATAMERI KOZHIKODE DISTRICT- 673 524.

¶10

THE HEADMASTER R.A.C.HIGHER SECONDARY SCHOOL, KATAMERI KOZHIKODE DISTRICT - 673 524. 7. SMT.K.SALEENA R.A.C.HIGHER SECONDARY SCHOOL, KATAMERI KOZHIKODE DISTRICT - 673 524. R BY SR.GOVERNMENT PLEADER SHRI VIJULAL

¶11

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶12

WP(C).No. 10796 of 2015 (Y)

¶13

APPENDIX

¶14

PETITIONER(S)' EXHIBITS

¶15

EXT.P1: TRUE COPY OF THE 04/06/2007.	APPOINTMENT ORDER OF THE PETITIONER DATED
EXT.P2: TRUE COPY OF THE 13/11/2006 ISSUED	STAFF FIXATION ORDER 2006 - 2007 DATED BY THE 4TH RESPONDENT.
EXT.P3: TRUE COPYOF THE O 12/01/2012 ISSUED	RDER NO. D.DIS.B1-7629/2011 DATED BY THE 4TH RESPONDENT.
EXT.P4: TRUE COPY OF THE DATED 01/06/2009.	APPOINTMENT ORDER OF THE 7TH RESPONDENT
EXT.P5: TRUE COPY OF THE DATED 30/08/2010.	APPOINTMENT ORDER OF THE 7TH RESPONDENT
EXT.P6: TRUE COPY OF THE 25/05/2013 ISSUED	ORDER NO. B1-2329/2013/K.DIS DATED BY THE 4TH RESPONDENT.
EXT.P7: TRUE COPY OF THE 11/11/2014 OF THE	GO(RT) NO. 4919/2014/G.EDN. DATED GOVERNMENT.
EXT.P8: TRUE COPY OF THE 19/09/2014 ISSUED	ORDER NO. F1/53423/2014/DPI/D.DIS. DATED BY THE 2ND RESPONDENT.
EXT.P9: TRUE COPY OF THE 18/02/2015.	JUDGMENT IN WPC NO. 15219/2013 DATED
EXT.P10: TRUE COPY OF THE 01/01/2013.	RELEVANT PAGE OF THE SENIORITY LIST AS ON
EXT.P11: TRUE COPY OF THE 23/12/2014 ISSUED	ORDER NO. B4-24427/14/K.DIS. DATED BY THE 3RD RESPONDENT.
EXT.P12: TRUE COPY OF THE GOVERNMENT DATED	REVISION PETITION FILED BEFORE THE 16/03/2015.

¶16

RESPONDENT(S)' EXHIBITS : NIL

\True copy//

PS to Judge

A.MUHAMED MUSTAQUE, J.

¶22

~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.10796/2015

¶23

¶24

Dated this the 1^st Day of April, 2015

¶25

J U D G M E N T

¶26

The petitioner approached the Government in revision as per Ext.P12 disputing the seniority granted to the seventh respondent as well as giving approval to that appointment with effect from the date of appointment.

¶27

In view of the fact that Ext.P12 is pending before the Government, there shall be a direction to the Government to consider and pass orders on Ext.P12 after hearing the petitioner and respondents 5 to 7 within a period of four months, and also after adverting to Ext.P9 judgment in W.P.(C).No.15219/2013 dated 18/02/2015. If the petitioner relies on some other judgments of this Court, that shall also be adverted to, before taking a decision on Ext.P12.

¶28

The writ petition is disposed of as above. No costs.

¶29

Sd/A.MUHAMED MUSTAQUE, JUDGE

¶30

N.K.Ebrayi v. the State of Kerala

Case brief

What is this about?

What did the court decide?

N.K.Ebrayi v. the 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

Tony Raphy Vs Risamol

Navin K Francis Vs Mr.Babukuttan

M.K.Vikraman Vs Dr.a.Kowsigan

Safiya P. Vs the State of Kerala

P.R.Ajeesh Vs the Kerala State Civil Supplies Corporation Ltd.

Shilpa .B.Nair Vs the State of Kerala