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P.Muralidharan v. State of Kerala

Kerala HC8 Jul 2021WP(C)/13617/2021

Case brief

AI extract

What is this about?

The court issued a direction to the Director General of Education to consider revision petitions filed by the petitioner, the manager of an aided school, regarding expired appointment approvals. A timeline for disposal was also set.

What did the court decide?

The 2nd respondent was directed to consider and pass orders on revision petitions Exts. P30 to P35 with due hearing, including via video conference, within two months.

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

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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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THURSDAY, THE 8^TH DAY OF JULY 2021 / 17TH ASHADHA, 1943

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WP(C) NO. 13617 OF 2021

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PETITIONER:

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P.MURALIDHARAN

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AGED 58 YEARS S/O.CHANDRASEKHARAN NAIR,MANAGER,SABARI HIGHER SECONDARY SCHOOL,PALLIKURUP, PALAKKAD DISTRICT.

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BY ADV GEORGE ABRAHAM

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT,THIRUVANANTHAPURAM-695001.

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2 DIRECTOR GENERAL OF EDUCATION JAGATHY,THIRUVANANTHAPURAM-695014.

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3 THE DEPUTY DIRECTOR OF EDUCATION PALAKKAD-678001.

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4 THE DISTRICT EDUCATIONAL OFFICER MANNARKKAD,PALAKKAD-678582.

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OTHER PRESENT:

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SMT. NISHA BOSE- SR. G.P.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 13617 OF 2021

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JUDGMENT

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This writ petition is filed seeking the following reliefs:-

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(i) Issue a writ of certiorari or any other appropriate writ, order or direction, to quash Exhibits P-7, P-9, P-12, P-13, P-16, P-17, P-21, P-23 and P-25 orders issued by the District Educational Officer, Mannarkkad.

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(ii) Issue a writ of Mandamus, or any other appropriate writ order or direction, directing the respondents to approve the appointment of teachers, appointed by the petitioner as LPSA/UPSA from the academic year 2016-17 onwards.

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(iii) Issue a writ of Mandamus, or any other appropriate writ order or direction, directing the 2"° respondent to consider Exhibit P-30, P-31, P-32, P-33, P-34 and P-35 statutory revisions filed by the petitioner.

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Heard the learned counsel for the petitioner and the learned Government Pleader.

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The petitioner, who is the Manager of an aided school, submits that appointments had been made by the petitioner to the post of LPSA/UPSA in the year 2016-2017. It is submitted that though the appointments were forwarded for approval, the approval was rejected by the impugned orders. It is submitted that the pendency of W.P.(C) No.20043/2019 was a reason stated for non approval of the appointment which is totally untenable. The Manager has submitted Exts.P30 to P35 revision petitions under

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WP(C) NO. 13617 OF 2021

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Rule 8(A) Chapter XIV A KER as against the orders of rejection before the 2^nd respondent 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 2^nd respondent to take up, consider and pass orders on Exts.P30 to P35 revision petitions with notice to the petitioner as well as the concerned teachers and to pass orders thereon, after hearing them through any appropriate means including video conferencing, within a period of two 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

bng/09.07.2021

WP(C) NO. 13617 OF 2021

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APPENDIX OF WP(C) 13617/2021

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE STAFF FIXATION ORDER OF THE ACADEMIC YEAR 2016-17 DATED 18/12/2017 PASSED BY THE DISTRICT EDUCATIONAL OFFICER,MANNARKKAD.
Exhibit P2	TRUE COPY OF THE STAFF FIXATION ORDER OF THE ACADEMIC YEAR 2017-8 DATED 18/12/2017 PASSED BY THE DISTRICT EDUCATIONAL OFFICER.
Exhibit P3	TRUE COPY OF THE REVISED STAFF FIXATION ORDER ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, MANNARKKAD DATED 2/7/2019.
Exhibit P4	TRUE COPY OF THE STAFF FIXATION ORDER ISSUED BY THE DISTRICT EDUCATIONAL OFFICER DATED 5/7/2019
Exhibit P5	TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO SMT.SARITHA.V.N,LPSA DATED 1/6/2016.
Exhibit P6	TRUE COPY OIF THE APPOINTMENT ORDER ISSUED TO SMT.RESHMA R.NAIR,LPSA DATED 1/6/2016.
Exhibit P7	TRUE COPY OF THE ORDER PASSED BY THE DISTRICT EDUCATIONAL OFFICER,MANNARKKAD DATED 16/4/2021,REJECTING THE APPROVAL OF APPOINTMENT OF SMT.SARITHA.
Exhibit P8	TRUE COPY OF THE JUDGMENT IN W.P(C)NO23581/2020 DATED 11-12-2020
Exhibit P9	TRUE COPY OF THE REJECTION ORDER ISSUED BY THE DISTRICT EDUCATIONAL OFFICER,MANNARKKAD DATED 16/4/2021.
Exhibit P10	TRUE COPY OF THE APPLICATION ORDER ISSUED TO SMT.KRISHNA THULSI.C.N.

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WP(C) NO. 13617 OF 2021

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Exhibit P11	TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO SMT.SAJNA KALLADI.
Exhibit P12	TRUE COPY OF THE ORDER PASSED BY THE DISTRICT EDUCATIONAL OFFICER,MANNARKKAD DATED 16/42021
Exhibit P13	TRUE COPY OF THE ORDER PASSED BY THE DISTRICT EDUCATIONAL OFFICER,MANNARKKAD DATED 16/4/2021 WITH RESPECT TO THE REJECTION OF SMT.SAJNA KALLADI.
Exhibit P14	TRUE COPY OF THE APPOINTMENT ORDER ISSUED IN FAVOUR OF SMT.RESHMI R.NAIR DATED 1/6/2017.
Exhibit P15	TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO SMT.SARITHA DATED 1/6/2017
Exhibit P16	TRUE COPY OF THE ORDER PASSED BY THE DISTRICT EDUCATIONAL OFFICER MANNARKKAD DATED 17/4/2021
Exhibit P17	TRUE COPY OF THE ORDER ISSUED BY THE DISTRICT EDUCATIONAL OFFICER MANNARKKAD DATED 16/4/2021
Exhibit P18	TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE MANAGER DATED 1/6/2017 WITH RESPECT TO SMT.KRISHNA THULSI,UPSA.
Exhibit P19	TRUE COPY OF THE ORDER PASSED BY THE DISTRICT EDUCATIONAL OFFICER,MANNARKKAD DATED 17/4/2021
Exhibit P20	TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE MANAGER DATED 1/1/2018 IN FAVOUR OF SMT.KRISHNA THULSI.
Exhibit P21	TRUE COPY OF THE REJECTION ORDER OF KRISHNA THULSI,DATED 17/4/2021 PASSED BY THE DISTRICT EDUCATIONAL OFFICER,MANNARKKAD
Exhibit P22	TRUE COPY OF THE APPOINTMENT ORDER TO SMT.K.BALAMANI DATED 1/1/2018.

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WP(C) NO. 13617 OF 2021

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Exhibit P23	TRUE COPY OF THE ORDER PASSED BY THE DISTRICT EDUCATIONAL OFFICER,MANNARKKAD DATED 17/4/2021
Exhibit P24	TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE MANGER IN FAVOUR OF SMT.C.B.DIVYA DATED 1/6/2018.
Exhibit P25	TRUE COPY OF THE ORDER PASSED BY THE D.E.O,MANNARKKAD DATED 24/4/2021.
Exhibit P26	TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 27/12/2018.
Exhibit P27	TRUE COPY OF THE JUDGMENT IN W.P(C)NO.3015/2019 DATED 1/2/2019.
Exhibit P28	TRUE COPY OF THE INTERIM ORDER DATED 23/7/2019,IN WP(C)NO.20043/2019.
Exhibit P29	TRUE COPY OF THE INTERIM ORDER IN W.P. (C)NO.24490/2019 DATED 19/2/2020.
Exhibit P30	TRUE COPY OF THE REVISION FILED BY THE MANAGER AS AGAINST THE REJECTION OF APPROVAL OF APPOINTMENT OF SMT.V.N.SARITHA DATED 21/6/2021.
Exhibit P31	TRUE COPY OF THE REVISION DATED 21/6/2021 AS MANAGER,AGAINST THE REJECTION OF APPROVAL OF SMT.RESHMI R.NAIR
Exhibit P32	TRUE COPY OF THE REVISION DATED 21/6/2021 FILED BY THE MANAGER AGAINST THE REJECTION OF APPOINTMENT OF SMT.KRISHNA THULSI
Exhibit P33	TRUE COPY OF THE REVISION DATED 21.6.2021 FILED BY THE MANAGER AS AGAINST THE REJECTION OF APPROVAL OF SMT.SAJNA.
Exhibit P34	TRUE COPY OF THE REVISION FILED BY THE MANAGER DATED 21/06/2021 AGAINST THE REJECTION ORDER OF APPROVAL OF APPOINTMENT OF SMT.K.BALAMANI.

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WP(C) NO. 13617 OF 2021

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Exhibit P35 TRUE COPY OF THE REVISION DATED 21/6/2021,FILED BY THE MANAGER AS AGAINST THE ORDER OF REJECTION OF APPROVAL OF APPOINTMENT OF SMT.C.B.DIVYA.

P.Muralidharan v. State of Kerala

Case brief

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P.Muralidharan v. State of Kerala

Case brief

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