Disposed

Fasalurahman P K v. State of Kerala

Kerala HC23 Sept 2021WP(C)/19861/2021

Case brief

AI extract

What is this about?

The High Court of Kerala, on admission, directed the State of Kerala (General Education Department) to expeditiously consider and dispose of the petitioner's revision petition concerning the approval of his Lower Primary School Assistant appointment. The Court mandated an opportunity of hearing and set a three-month deadline for the order.

What did the court decide?

Direction issued to the 1st respondent to consider the revision petition, afford hearing, and pass orders within three months.

Fasalurahman P K Vs State of Kerala — Education and Admissions | Kerala HC (2021)

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WP(C) NO. 19861 OF 2021

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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 RAJA VIJAYARAGHAVAN V

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THURSDAY, THE 23^RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943

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WP(C) NO. 19861 OF 2021

PETITIONER/S:

FASALURAHMAN P.K.,

AGED 29 YEARS

LOWER PRIMARY SCHOOL ASSISTANT, A.M.L.P SCHOOL, POONOOR, UNNIKULAM POST, KOZHIKODE DISTRICT-673 574.

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BY ADV. POOVAMULLE PARAMBIL ABDULKAREEM

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RESPONDENT/S:

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

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2 DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695 014.

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3 DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THAMARASSERY, KOZHIKODE DISTRICT-673 028.

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4 ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, THAMARASSERY, KOZHIKODE DISTIRICT-673 602.

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5 MANAGER,

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A.M.L.P SCHOOL, POONOOR, UNNIKULAM POST, KOZHIKODE DISTRICT-673 574.

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WP(C) NO. 19861 OF 2021

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SRI. BIJOY CHANDRAN, SR. GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 19861 OF 2021

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JUDGMENT

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The petitioner states that he is working as LPSA in the AMLP School, Poonoor, an aided School under the management of the 5th respondent from

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01.06.2017 onwards. He contends that though his appointment was initially rejected, the same was later approved from 15.07.2019 onwards in the scale of pay on the execution of a bond by the 5th respondent. The grievance of the petitioner is that the approval, which was granted by the 4th respondent, is not from the date of appointment, though it is stated so in the order. The petitioner contends that the denial of approval from the date of appointment, i.e., on 01.06.2017 is illegal. Stating all these aspects, the petitioner is stated to have preferred Exhibit-P12 revision petition before the 1st respondent. It is in the afore circumstances that the petitioner is before this Court seeking directions.

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Sri. P.P.Abdul Kareem, the learned counsel appearing for the petitioner, submitted that the limited request of the petitioner is for an expeditious consideration and disposal of Ext.P12 revision petition submitted before the 1st respondent duly adverting to Exts.P6 and P10 and with due notice.

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I have heard Sri.Bijoy Chandran, the learned Senior Government Pleader. In view of the nature of order that I propose to pass, notice to the 5th respondent is dispensed with.

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WP(C) NO. 19861 OF 2021

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After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar and the facts and circumstances, I am of the view that this writ petition can be disposed of at the admission stage itself by issuing the following directions:

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a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P12, as per procedure and in adherence to the provisions of law and by adverting to Exts.P6 and P10, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorised representative as well as the 5th respondent.

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b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of three months from the date of production of a copy of this judgment.

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c) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.

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This writ petition is disposed of.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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DSV

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WP(C) NO. 19861 OF 2021

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PETITIONER(S) EXHIBITS :

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EXHIBIT P1	TRUE COPY OF THE APPOINTMENT ORDER DATED 1/06/2017 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P2	TRUE COPY OF THE ORDER NO K.DIS B/2752/2017 DATED 27.9.2017 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P3	TRUE COPY OF THE ORDER NO K.DIS/B2/9590/2017 DATED 12.6.2018 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P4	TRUE COPY OF THE APPEAL PETITION DATED 18.7.2018 SUBMITTED BY THE 5TH RESPONDENT.
EXHIBIT P5	TRUE COPY OF THE CIRCULAR NO. J2/57/2019/G.EDN DATED 8.3.2019 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P6	TRUE COPY OF THE BOND DATED 28.6.2019 EXECUTED BY THE 5TH RESPONDENT.
EXHIBIT P7	TRUE COPY OF THE ORDER NO A.DIS.B/9410/ 2019 DATED 23.12.2019 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P8	TRUE COPY OF THE APPEAL PETITION DATED 22.10.2020 SUBMITTED BY THE 5TH RESPONDENT.
EXHIBIT P9	TRUE COPY OF THE ORDER NO.B2/193610/2020 DATED 6.5.2021 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P10	TRUE COPY OF THE CIRCULAR NO. J2/21/2020/G.EDN DATED 9.10.2020 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P11	TRUE COPY OF THE STAFF FIXATION ORDER NO. D.DIS/B/3186/2017 FOR THE YEAR 2017-18 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P12	TRUE COPY OF THE REVISION PETITION DATED 3.9.2021 SUBMITTED BY THE PETITIONER.

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RESPONDENT(S) EXBIBITS: NIL

Fasalurahman P K v. State of Kerala

Case brief

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Fasalurahman P K v. State of Kerala

Case brief

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