Disposed

Bibin K.S v. State of Kerala

Kerala HC1 Nov 2018WP(C)/23674/2018

Case brief

AI extract

What is this about?

This judgment disposed of a writ petition concerning the petitioner's claim for appointment as HSST (Junior) Mathematics. The High Court directed the Director of HSE to consider the appeal filed by the school manager within two months, with a direction to implement the petitioner's appointment forthwith if the Director upholds the claim.

What did the court decide?

The 2nd respondent (Director) shall consider the appeal R5(b) within two months. If it upholds the petitioner's claim, the order shall be implemented forthwith.

Bibin K.S Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2018)

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WP(C)No. 23674/2018

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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.MUHAMED MUSTAQUE

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THURSDAY ,THE 01ST DAY OF NOVEMBER 2018 / 10TH KARTHIKA, 1940

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WP(C).No. 23674 of 2018

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PETITIONER:

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BIBIN K.S

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AGED 42 YEARS, S/O.K.N.SURENDRAN, UPPER PRIMARY SCHOOL ASSISTANT (UPSA),JAYASREE HIGHER SECONDARY SCHOOL,KALLUVAYAL, KALANDIKOLLY PO,PULPALLYM, WAYANAD DIST., PIN :673579, RESIDING AT KOLLAPPILLIEL HOUSE,NELLARCHAL PO, AMABALAVAYAL, WAYANAD DIST. PIN 673593

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BY ADVS. SRI.MURALI PALLATH SRI.C.K.RAJASEKHARA PANICKER

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT (ANNEX II), THIRUVANANTHAPURAM,PIN 695001

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2 THE DIRECTOR HIGHER SECONDARY EDUCATION DEPARTMENT,HOUSING BOARD BUILDING, THIRUVANANTHAPURAM, PIN 695001

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3 THE REGIONAL DEPUTY DIRECOTR HIGHER SECONDARY EDUCATION DEPARTMENT,REGIONAL OFFICE, KALLAYI PO., KOZHIKODE,PIN 673001

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4 THE MANAGER

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JAYASREE HIGHER SECONDARY SCHOOL,KALLUVAYAL, KALANADIKOLLY PO, PUPALLY, WAYANAD DIST., PIN 673579

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5 SINDHU GEORGE HIGHER SECONDARY SCHOOL TEACHER (JUNIOR) IN

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WP(C)No. 23674/2018

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MATHEMATICS (UNAPPROVED), JAYASREE HIGHER SECONDARY SCHOOL,KALLUVAYAL, KALANDIKOLLY PO, PUPALLY,WAYANAD DIST., PIN 673579

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BY ADV. SRI.V.A.MUHAMMED

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BY GOVERNMENT PLEADER, Sri. B.UNNIKRISHNA KAIMAL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)No. 23674/2018

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JUDGMENT

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The petitioner claim for appointment as HSST (Junior) Mathematics

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and has applied to the 3^rd respondent, the Regional Deputy Director, Higher Secondary Education. The claim of the 5^th respondent was accordingly rejected.

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The petitioner approached this Court for implementing the Order passed by the 3^rd respondent Regional Deputy Director, HSE. The Manager submitted that he filed an appeal before the 2^nd respondent, the Director. R5(b) is the appeal.

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In view of the above, the writ petition is disposed with following directions.

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The 2^nd respondent shall consider R5(b) within a period of two months after hearing the petitioner and respondents 4 and 5.

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If the 2^nd respondent, the Director upholds the claim of the petitioner the Order shall be implemented without any delay forthwith.

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Accordingly, the writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

JUDGE

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF APPOINTMENT ORDER DATED 02.06.2004 EXHIBIT P1 A TRUE COPY OF APPOINTMENT ORDER DATED 12.08.2004 EXHIBIT P2 TRUE COPY OF CERTIFICATE OF MSC.DEGREE PASSED BY THE PETITIONER EXHIBIT P2 A TRUE COPY OF STATEMENT OF MARKS OF THE PETITIONER FOR MSC DEGREE EXHIBIT P3 TRUE COPY OF ELEGIBILITY CERTIFICATE DATED 23.01.2009 EXHIBIT P4 TRUE COPY OF CERTIFICATE OF B.ED DEGREE PASSED BY THE PETITIONER EXHIBIT P5 TRUE COPY OF MEMORANDUM OF MARKS OF B.ED DEGREE EXHIBIT P6 TRUE COPY OF CERTIFICATE OF STATE ELIGIBILITY TEST PASSED BY THE PETITIONER EXHIBIT P7 TRUE COPY OF RELEVANT PAGES OF GO (MS)NO. 106/2017/G.EDN DATED 2.08.2017 EXHIBIT P8 TRUE COPY OF CIRCULAR NO. ACD.CE/34033/HSE DATED 30.08.2017 EXHIBIT P9 TRUE COPY OF SENIORITY LIST OF TEACHERS OF JAYASREE HSS AS ON 01.01.2017 EXHIBIT P10 TRUE COPY OF CIRCULAR NO. A.C.D. C1/9000/2013/H.S.E. DATED 18.07.2013 EXHIBIT P11 TRUE COPY OF LETTER DATED 08.11.2007 EXHIBIT P12 TRUE COPY OF COMPLAINT PETITION DATED 03.01.2018 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P13 TRUE COPY OF JUDGMENT DATED 19.01.2018 OF THE HON'BLE HIGH COURT IN WPC.NO. 2030/2018 EXHIBIT P14 TRUE COPY OF ORDER NO. A3/1088/2018/K DIS. DATED 30.05.2018 PASSED BY THE 3RD

RESPONDENT

EXHIBIT P15 TRUE COPY OF LETTER DATED 19.06.2018 SUBMITTED BY THE PETITIONER

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RESPONDENTS EXHIBITS:

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EXHIBIT R-5(a) TRUE COPY OF THE APPOINTMENT ORDER OF 5TH RESPONDENT DATED 01.01.2018 EXHIBIT R-5(b) TRUE COPY OF THE APPEAL FILED BY THE MANAGER DATED 27.06.2018 BEFORE THE DIRECTOR OF HIGHER SECONDARY EDUCATION EXHIBIT R-5(c) TRUE COPY OF THE ORDER NO.ACD.C319245/HSE/2001 DATED 28.12.2005 EXHIBIT R-5(d) TRUE COPY OF THE ORDER NO ACD.C3/19245/HSE/01 DATED 09.05.2007 EXHIBIT R-5(e) TRUE COPY OF THE ORDER NO.A3/5790/2006/K.DIS.DATED 24.02.2007

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EXHIBIT R-5(f) TRUE COPY OF THE MINUTES OF THE STAFF SELECTION COMMITTEE HELD ON 30.12.2017

Bibin K.S v. State of Kerala

Case brief

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Bibin K.S v. State of Kerala

Case brief

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