Disposed

Suhailath N. P. v. State of Kerala

Kerala HC6 Jul 2021WP(C)/13367/2021

Case brief

AI extract

What is this about?

This writ petition sought approval of the petitioner's appointment as LPST and direction to the Government to consider a revision petition. The Court directed the Government to consider the petition with notice to the petitioner and the school manager within three months.

What did the court decide?

The Government (1st respondent) is directed to consider the revision petition with notice to the petitioner and 4th respondent, pass orders after hearing them, within three months.

Suhailath N. P. Vs State of Kerala — Service and Employment | Kerala HC (2021)

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WP(C) NO. 13367 OF 2021 1

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943

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WP(C) NO. 13367 OF 2021

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PETITIONER:

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SUHAILATH N.P

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AGED 30 YEARS, WIFE OF ISMAIL, LOWER PRIMARY SCHOOL
TEACHER, PPTMALP SCHOOL, PUNNAKKAD, MANKADA, MALAPPURAM
DISTRICT 679 324

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BY ADVS.
V.A.MUHAMMED
M.SAJJAD

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM 695 001

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2 THE DISTRICT EDUCATIONAL OFFICER, B2 BLOCK, CIVIL STATION, MALAPPURAM DISTRICT 676 505

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3 THE ASSISTANT EDUCATIONAL OFFICER, MANKADA, MALAPPURAM DISTRICT 679 324

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4 THE MANAGER, PPTMALP SCHOOL, PUNNAKKAD, MANKADA, MALAPPURAM DISTRICT 679 324

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5 THE HEADMASTER, PPTMALP SCHOOL, PUNNAKKAD, MANKADA, MALAPPURAM DISTRICT 679 324

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SMT. NISHA BOSE-SR.G.P.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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WP(C) NO. 13367 OF 2021 2

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JUDGMENT

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This writ petition is filed seeking the following reliefs:

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(1) call for the records relating to Exhibits P2 and P4 and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.

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(2) issue a writ of mandamus or other appropriate writ, order or direction commanding the 3^rd respondent to approve the appointment of the petitioner as LPST from 01.06.2020 and disburse the attendant benefits forthwith.

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(3) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1^st respondent to consider and pass appropriate orders upon Exhibit P5 after affording an opportunity of being heard to the petitioner within a time limit.

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Heard the learned counsel for the petitioner and the learned

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Government Pleader.

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It is submitted by the learned counsel for the petitioner that the petitioner was appointed as LPST in the 4^th respondent’s school from 01.06.2020. The approval for appointment has been rejected by the AEO.

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The appeal preferred by the petitioner has also been rejected by the DEO. The petitioner therefore approached the Government with Ext.P5 revision petition and seeks a consideration of the same.

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Having heard the learned Government Pleader also, there will be a direction to the 1^st respondent to take up, consider and pass orders on Ext.P5 revision petition preferred by the petitioner with notice to the

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WP(C) NO. 13367 OF 2021 3

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petitioner as well as the 4^th respondent and after hearing them through any appropriate means, including by video conferencing. Orders shall be

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passed within a period of three months from the date of receipt of a copy of this judgment.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

SVP

WP(C) NO. 13367 OF 2021 4

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APPENDIX

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PETITIONER ANNEXURE

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Exhibit P1 TURE COPY OF THE APPOINTMENT APPROVAL
APPLICATION FORM
Exhibit P2 TRUE COPY OF THE ORDER NO.D/4655/2020
DATED 23.10.2020 OF THE AEO, MANKADA
Exhibit P3 TRUE COPY OF THE APPEAL APPLICATION
Exhibit P4 TRUE COPY OF THE ORDER NO.B1/193643/2020
DATED 2.3.2021 OF THE DEO MALAPPURAM
Exhibit P5 TRUE COPY OF THE REVISION PETITION FILED
BEFORE THE GOVERNMENT DATED 27.05.2021.

Suhailath N. P. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Suhailath N. P. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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