Allowed

The Manager v. the Deputy Director of Education

Kerala HC17 Dec 2020WP(C)/28188/2020

Case brief

AI extract

What is this about?

The Court directed the first respondent to dispose of the statutory appeal filed by the petitioner's school regarding staff fixation, ensuring an oral hearing, within three months, and deferred further action under the impugned order until this decision is communicated.

What did the court decide?

Directed the first respondent to dispose of the statutory appeal after affording a hearing within three months and to defer further action under the impugned order until then.

The Manager Vs the Deputy Director of Education — Service and Employment | 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 MR. JUSTICE DEVAN RAMACHANDRAN

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THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942

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WP(C).No.28188 OF 2020(W)

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PETITIONER:

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THE MANAGER, AIDED UP SCHOOL, PANANGATTIRI POST, CHITTUR TALUK, PALAKKAD DISTRICT - 678506.

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BY ADVS.SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P

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RESPONDENTS:

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1 THE DEPUTY DIRECTOR OF EDUCATION CIVIL STATION, PALAKKAD - 678001,

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2 THE DISTRICT EDUCATIONAL OFFICER, ROBINSON ROAD, PALAKKAD - 678001,

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3 THA ASSISTANT EDUCATIONAL OFFICER, KOLLENGODE, PALAKKAD DISTRICT - 678506.

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BY SRI. UNNIKRISHNA KAIMAL - GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 28188/20

JUDGMENT

Dated this the 17th day of December 2020

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The Manager of of an Aided U.P. School, Panangattiri, Palakkad has approached this Court singularly seeking that Exhibit P3 statutory appeal filed by him before the Deputy Director of Education, Palakkad under the provisions of Rule 12B Chapter XXIII of the Kerala Education Rules be directed to be taken up and disposed of. He also prays that all further proceedings pursuant to Exhibit P2 order be deferred in the meanwhile and that its operation be allowed only after adhering to the decision to be taken on the statutory Appeal.

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The learned counsel for the petitioner submitted that Exhibit P2 order has been issued after nearly 4½ years and even without affording an opportunity of being heard to the affected parties. He further says that if it is allowed to operate, the entire staff pattern would have to be altered, which would cause irreparable prejudice to the School and consequently, that some of the teachers will lose their employment, thus he being constrained to prefer Exhibit P3 appeal.

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WPC 28188/20

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In response, the learned Senior Government Pleader submitted that there is no legal impediment in Exhibit P3 Appeal being taken up and disposed of, but prayed that this Court may not make any affirmative declarations as to the entitlement of the petitioner to any relief and leave it to the competent authority to take a decision on it in terms of law.

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In the afore circumstances, I order this writ petition and direct the second respondent to take up Exhibit P3 Appeal filed by the petitioner and to dispose of the same, after affording an opportunity of being heard to him – either physically or through video conferencing – thus culminating in an appropriate decision thereon, as expeditiously as possible, but not later than three months from the date of receipt of a copy of this judgment.

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Needless to say, until such time as the afore exercise is completed and the resultant order communicated to the petitioner, all further action pursuant to Exhibit P2 will stand deferred.

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Sd/Devan Ramachandran, Judge

tkv

WPC 28188/20

In the 2^nd line of the penultimate paragraph of the Judgment dated 17.12.2020 in W.P.(C)No.28188/2020 (W), the word 'second respondent ' is substituted with the word ' first respondent ' as per order dated 14.01.2021 in I.A.No.1/2021 in W.P.(C)No.28188/2020.

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Sd/- Deputy Registrar

WPC 28188/20

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE STAFF FIXATION ORDER DATED 30.04.2016 IN RESPECT OF AIDED UP SCHOOL, PANANGATTIRI. EXHIBIT P2 TRUE COPY OF THE ORDER DATED 27.07.2020 PASSED BY THE 3RD RESPONDENT. EXHIBIT P3 TRUE COPY OF THE APPEAL PETITION SUBMITTED BEFORE THE FIRST RESPONDENT BY THE PETITIONER HEREIN ON 08.12.2020.

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/TRUE COPY/

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P.S. TO JUDGE

The Manager v. the Deputy Director of Education

Case brief

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What did the court decide?

The Manager v. the Deputy Director of Education

Case brief

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