Disposed

Mithunlal R.J. v. State of Kerala

Kerala HC8 Jun 2015WP(C)/16985/2015

Case brief

AI extract

What is this about?

A Rule 51B claimant under the Kerala Education Rules filed a writ petition seeking appointment in a school vacancy. The High Court of Kerala directed the school manager to consider a representation and pass orders within one month, noting an earlier direction by an officer. The court ordered that any vacancy arising until orders are passed shall not be filled.

What did the court decide?

Direction to the 3rd respondent to consider Ext.P5 representation, pass orders after hearing the petitioner within one month, and not fill the vacancy arising on 1.6.2015 until further orders.

Mithunlal R.J. Vs State of Kerala — Service and Employment | Kerala HC (2015)

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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 A.K.JAYASANKARAN NAMBIAR

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MONDAY, THE 8TH DAY OF JUNE 2015/18TH JYAISHTA, 1937

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WP(C).No. 16985 of 2015 (W)

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PETITIONER(S):

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MITHUNLAL R.J., AGED 24 YEARS S/O.LATE RAMAKRISHNAN, VELATHUR HOUSE CHEMMANCHERRY P.O., KOYILANDY (VIA) KOZHIKODE DISTRICT.

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BY ADVS.SRI.K.MOHANAKANNAN

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SMT.A.R.PRAVITHA SMT.D.S.THUSHARA

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SRI.H.PRAVEEN (KOTTARAKARA)

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RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION THIRUVANANTHAPURAM -695 001.

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2. ASST.EDUCATIONAL OFFICER, KOYILANDY, KOZHIKODE - 673 305.

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3. THE MANAGER K.K.KIDAVU MEMORIAL UF SCHOOL, CHELIYA KOYILANDY - 673 306.

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R BY GOVERNMENT PLEADER SMT.LOWSY.A.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 16985 of 2015 (W)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P-1: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORETHE 3RD RESPONDENT ON 21.10.2009 WITH APPLICATION FOR EMPLOYMENT UNDER THE COMPASSIONATE EMPLOYMENT SCHEME WITH ANNEXURE.

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EXT.P-2: TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT IN RESPECT OF EXT.P1 DATED 5.11.2009

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EXT.P-3: TRUE COPY OF THE LETTER 13.7.2010 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT

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EXT.P-4: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 13.5.2015 WITH ACKNOWLEDGEMENT RECEIPT

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EXT.P-5: TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 3RD RESPONDENT DATED 13.5.2015 WITH ACKNOWLEDGEMENT RECEIPT.

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RESPONDENT(S)' EXHIBITS: NIL.

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//TRUE COPY//

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P.S. TO JUDGE

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A.K.JAYASANKARAN NAMBIAR, J.

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W.P.(C).NO.16985 OF 2015 (W)

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Dated this the 8^th day of June, 2015

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J U D G M E N T

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The petitioner, who is stated to be a Rule 51B claimant under the Kerala Education Rules, pursuant to the death of his father who died on 18.9.2009 while working as a Lower Primary School Assistant in the School, has submitted Ext.P1 application before the 3^rd respondent. It is pointed out that Ext.P3 direction was issued by the 2^nd respondent Assistant Educational Officer to the 3^rd respondent Manager to appoint the petitioner in the next arising vacancy in the school, and to intimate the petitioner of the same. According to the petitioner, notwithstanding the issuance of a positive direction by the 2^nd respondent, the 3^rd respondent has not taken any steps to appoint the petitioner despite the fact that there is a vacancy which arose on 1.6.2015 in the School. The petitioner has therefore preferred Ext.P5 representation before the 3^rd respondent. In the writ petition, the limited prayer of the petitioner is for a direction to the 3^rd respondent to consider and pass orders on Ext.P5 representation, taking note of the directions issued by the 2^nd respondent in Ext.P3.

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I have heard the learned counsel for the petitioner as also the learned Government Pleader for the respondents.

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W.P.(C).NO.16985/2015

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On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with a direction to the 3^rd respondent to consider and pass orders on Ext.P5 representation, preferred by the petitioner, before him, in the light of Ext.P3 direction issued by the 2^nd respondent Assistant Educational Officer. The 3^rd respondent shall pass orders in the matter, after hearing the petitioner, within a period of one month from the date of receipt of a copy of this judgment. I make it clear that till such time as the 3^rd respondent passes orders as directed above, and communicates the same to the petitioner, the vacancy arising to the post of Hindi Teacher (Junior) in the School with effect from 1.6.2015, shall not be filled up.

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A.K.JAYASANKARAN NAMBIAR JUDGE

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prp

Mithunlal R.J. v. State of Kerala

Case brief

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Mithunlal R.J. v. State of Kerala

Case brief

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