Dismissed

R.S.Anandakrishnan v. State of Kerala

Kerala HC17 Dec 2020WP(C)/28210/2020

Case brief

AI extract

What is this about?

The Court directed the fourth respondent, Assistant Educational Officer, to dispose of the petitioner's representation under Section 6 of WPC 28210/2020 regarding compassionate appointment within two months after affording hearing, avoiding affirmative declaration of entitlement.

What did the court decide?

Direct the fourth respondent to take up Exhibit P4 representation and dispose of the same after hearing, within two months.

R.S.Anandakrishnan Vs 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 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.28210 OF 2020(A)

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PETITIONER:

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R.S.ANANDAKRISHNAN, AGED 24 YEARS D/O. LATE RADHAKRISHNA PILLAI.J., RESIDING AT ANANDA BHAVAN, PERUMPUZHA (PO), KOLLAM DISTRICT, PIN-691 N504

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BY ADVS.SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SRI.ARUN BOSE

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,PIN-695 001

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2 THE DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM,PIN-695 033

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3 THE DEPUTY DIRECTOR (EDUCATION), OFFICE OF THE DEPUTY DIRECTOR (EDUCATION), KOLLAM,PIN-691 001

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4 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KOTTARAKKARA, KOTTARAKKARA (PO), KOLLAM DISTRICT,PIN-691 306

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5 THE MANAGER, D.V.N.S.S.UPPER PRIMARY SCHOOL, ANNOOR, KOTTARAKKARA (PO), KOLLAM DISTRICT, PIN-691 506

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WPC 28210/20

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6 THE HEADMISTRESS, D.V.N.S.S.UPPER PRIMARY SCHOOL, ANNOOR, KOTTARAKKARA (PO), KOLLAM DISTRICT,PIN-691 506

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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 28210/20

JUDGMENT

Dated this the 17th day of December 2020

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The petitioner, who seeks compassionate appointment in the D.V.N.S.S. Upper Primary School, Annoor, Kottarakkara, which is managed by the fifth respondent, has approached this Court alleging that the said respondent is refusing to grant him such benefit without any tenable reason and that he is even denying a proper response to his application. The petitioner submits that, therefore, he has preferred Exhibit P4 representation before the fourth respondent Assistant Educational Officer and prays that same be directed to be taken up and disposed of at the earliest.

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In response, the learned Government Pleader submitted that there is no legal impediment in Exhibit P4 representation 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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WPC 28210/20

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In the afore circumstances, I order this writ petition and direct the fourth respondent to take up Exhibit P4 representation of the petitioner and to dispose of the same, after affording an opportunity of being heard to him as also the Manager of the School – either physically or through video conferencing – thus culminating in an appropriate decision thereon, as expeditiously as possible, but not later than two months from the date of receipt of a copy of this judgment.

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Sd/Devan Ramachandran, Judge

tkv

WPC 28210/20

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE LETTER NO.C/3321/16 DATED 23.02.2017 OF THE 4TH RESPONDENT AND THE TYPEWRITTEN COPY OF THE SAME EXHIBIT P2 TRUE COPY OF THE REPLY DATED 11.04.2017 OF THE 5TH RESPONDENT EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT EXHIBIT P4 REPRESENTATION DATED 07.12.2020 BEFORE THE 4TH RESPONDENT

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/TRUE COPY/

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P.S. TO JUDGE

R.S.Anandakrishnan v. State of Kerala

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R.S.Anandakrishnan v. State of Kerala

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