Disposed

Binu K. Sam, v. the State of Kerala

Kerala HC6 Aug 2020WP(C)/15746/2020

Case brief

AI extract

What is this about?

Petitioners, retired teachers posted as BRC Trainers, were directed to produce No Objection Certificates. The Court disposed of the writ petition directing the first respondent to consider the petitioners' representation after affording a hearing.

What did the court decide?

Direction to the first respondent to consider and pass orders on Ext.P10 representation/revision petition after affording opportunity of hearing within three weeks.

Binu K. Sam, Vs the State of Kerala — Education and Admissions | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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THURSDAY, THE 06TH DAY OF AUGUST 2020 / 15TH SRAVANA, 1942

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WP(C).No.15746 OF 2020

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PETITIONERS:

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1 BINU K. SAM, AGED 49 YEARS S/O. K.G. SAMUEL, KUZHIKALAYIL, RANNY P.O., PATHANAMTHITTA-689672.

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(UPPER PRIMARY SCHOOL TEACHER, M.C. UPPER PRIMARY SCHOOL, CHETHAKKAL)

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2 G. MANOJ, S/O. GANGADHARA KURUP N., MANOJ BHAVAN, PARAKKODU, ADOOR-691554. (HIGH SCHOOL TEACHER (MALAYALAM) AMRITHA BOYS' HIGH SCHOOL, PARAKKODE.)

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BY ADV. SRI.S.SUBHASH CHAND

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RESPONDENTS:

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1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION (D), SAMAGRA SHIKSHA KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE STATE PROJECT DIRECTOR, OFFICE OF THE STATE PROJECT DIRECTOR, SAMAGRA SHIKSHA KERALA (SSK), SSA BHAVAN, NANDAVANAM, THIRUVANANTHAPURAM-695003.

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3 THE DISTRICT PROJECT CO-ORDINATOR, OFFICE OF THE DISTRICT PROJECT CO-ORDINATOR, SAMAGRA SHIKSHA KERALA, PATHANAMTHITTA-689645.

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4 DEPUTY DIRECTOR (EDUCATION), OFFICE OF THE DEPUTY DIRECTOR (EDUCATION), PATHANAMTHITTA AT THIRUVALLA-689 101.

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BY SRI.P.M.MANOJ, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.15746 OF 2020

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J U D G M E N T

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Petitioners, who were retrenched from the parent

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Schools, were posted as BRC Trainers. Thereafter they were deployed in other aided Schools. Whileso second

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respondent issued a notification inviting applications for appointment as Trainers in Block Resource Centres on deputation basis. However even after their selection for appointment as BRC Trainers, they are not permitted to join the post, insisting No Objection Certificate from the Schools to which they were deployed. Aggrieved by Ex.P9 letter directing them to produce NOC, petitioners have approached the Government with Ext.P10 representation/revision petition.

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Learned counsel for the petitioners submits that petitioners would be satisfied with a direction

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to Government to consider Ext.P10 representation/ revision petition.

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WP(C).No.15746 OF 2020

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Accordingly the writ petition is disposed of directing the first respondent to consider and pass orders on Ext.P10 representation/revision petition, after affording an opportunity of hearing to the petitioners, within a period of 'three weeks' from the date of receipt of a copy of the judgment.

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Sd/- P.V.ASHA, JUDGE

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WP(C).No.15746 OF 2020

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APPENDIX OF WP(C) 15746/2020

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ORDER BEARING NO. B1-9972/2019 DATED 01/10/2019 ISSUED BY RESPONDENT NO.4.

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EXHIBIT P2 TRUE COPY OF THE ORDER BEARING NO. B1-9972/2019 DATED 25/09/2019 ISSUED BY RESPONDENT NO.4. EXHIBIT P3 TRUE COPY OF THE NOTIFICATION DATED 16/05/2019 ISSUED BY RESPONDENT NO.2 EXHIBIT P3(A) TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 27/05/2019 ISSUED BY THE MANAGER OF M.C. UPPER PRIMARY SCHOOL, CHETHACKAL IN RESPECT OF PETITIONER NO.1

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EXHIBIT P4 TRUE COPY OF THE ORDER BEARING GO(RT) NO.549/2020/G.EDN. DATED 30/01/2020 THUS ISSUED BY RESPONDENT NO.1

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EXHIBIT P5 TRUE COPY OF THE POSTING ORDER BEARING NO.A/250/2019/SSK ISSUED BY RESPONDENT NO.3 TO THE PETITIONER NO.1

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EXHIBIT P6 TRUE COPY OF THE POSTING ORDER BEARING NO.A/250/2019/SSK ISSUED BY RESPONDENT NO.3 TO THE PETITIONER NO.1

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EXHIBIT P7 TRUE COPY OF THE GOVERNMENT ORDER GO(P) NO.134/2016/G.EDN. DATED 05/08/2016.

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EXHIBIT P8 TRUE COPY OF THE ORDER BEARING NO.H(2)/35985/2016/DPI DATED 08/09/2016 OF DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM.

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WP(C).No.15746 OF 2020

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EXHIBIT P9 TRUE COPY OF THE ORDER/COMMUNICATION BEARING NO.B1-3747/20 DATED 04/05/2020 ISSUED BY RESPONDENT NO.4 TO RESPONDENT NO.3.

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EXHIBIT P10 TRUE COPY OF THE REPRESENTATION/REVISION PETITION DATED 06/06/2020 SUBMITTED BY THE PETITIONERS BEFORE RESPONDENT NO.1.

Binu K. Sam, v. the State of Kerala

Case brief

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Binu K. Sam, v. the State of Kerala

Case brief

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