Disposed

K.K.Muhammed Safwan v. the State of Kerala

Kerala HC3 Nov 2021WP(C)/23955/2021

Case brief

AI extract

What is this about?

High Court directed the State Education Department to consider and dispose of a pending revision application filed by an Assistant Upper Primary School Assistant within three months, preventing further delay in his reappointment matter.

What did the court decide?

Directed First Respondent to consider and dispose of Ext.P7 within three months after hearing petitioner and Respondent No.5.

K.K.Muhammed Safwan Vs the 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 MR. JUSTICE SUNIL THOMAS

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WEDNESDAY, THE 3^RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943

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WP(C) NO. 23955 OF 2021

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PETITIONER:

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1 K.K.MUHAMMED SAFWAN AGED 34 YEARS

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SON OF ABDUL KHADER, UPPER PRIMARY SCHOOL ASSISTANT, KULIKKILIYAD SARASWATHY VILASOM A U P SCHOOL, KOTTAPPURAM, MANNARKKAD-679 513, PALAKKAD DISTRICT

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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, THIRUVANANTHAPURAM-695 001.

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

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3 THE DISTRICT EDUCATIONAL OFFICER MANNARKKAD, PALAKKAD DISTRICT-678 573.

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4 THE ASSISTANT EDUCATIONAL OFFICER CHERPULASSERY, PALAKKAD DISTRICT

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5 THE MANAGER KULIKKILIYAD SARASWATHY VILASOM A U P SCHOOL, KOTTAPPURAM, MANNARKKAD-679 513, PALAKKAD DISTRICT BY ADV. SRI.BIJOY CHANDRAN, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

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WPC NO.23955 OF 2021

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ON 03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC NO.23955 OF 2021

JUDGMENT

Dated this the 03^rd day of November, 2021

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The petitioner was appointed in a School in Kottappuram, as UPSA, against a leave vacancy. It was initially approved from 04.06.2007 and later from 01.06.2007. The petitioner was reappointed from 05.03.2012. However, the approval was declined by the respondents. Assailing it, the petitioner has filed Ext.P17 revision before the Government, which is stated to be pending. The grievance of the petitioner is that the above revision has not been disposed of in spite of considerable delay.

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Having heard the learned Counsel for the petitioner and the learned Government Pleader appearing for respondents 1 to 4, I am inclined to dispose of the Writ Petition itself, by directing the first respondent to take up, consider and dispose of Ext.P7

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WPC NO.23955 OF 2021

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as expeditiously as possible and at any rate within a period of three months, from the date of receipt of a copy of this judgment, after giving a reasonable opportunity of being heard to the petitioner and also respondent No.5, either physically or by virtual mode.

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The Writ Petition is disposed of.

Sd/-

SUNIL THOMAS

JUDGE

SKP/03-11

WPC NO.23955 OF 2021

APPENDIX OF WP(C) 23955/2021

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 1.6.2007 EXHIBIT P1(A) TRUE COPY OF THE ORDER NO D.DIS E/2218/08 DATED 2.8.2008 OF THE 4TH RESPONDENT ALONG WITH TYPED COPY EXHIBIT P2 TRUE COPY OF THE ORDER NO K.DIS.E/610/2012 DATED 19.10.2012 OF THE 4TH RESPONDENT EXHIBIT P3 TRUE COPY OF THE ORDER NO K.DIS E/611/2012 DATED 8.11.2012 OF THE 4TH RESPONDENT EXHIBIT P4 TRUE COPY OF THE ORDER NO B1/2057/2016/K.DIS DATED 5.10.2016 OF THE 3RD RESPONDENT EXHIBIT P5 TRUE COPY OF THE ORDER NO G1/28754/2013/DPI/K.DIS DATED 17.6.2013 OF THE 2ND RESPONDENT

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EXHIBIT P6 TRUE COPY OF THE LETTER NO E/962/2013 DATED 3.6.2013 OF THE 4TH RESPONDENT ALONG WITH TYPED COPY

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EXHIBIT P7 TRUE COPY OF THE LETTER NO E/2573/2013 DATED 10.12.2013 OF THE 4TH RESPONDENT EXHIBIT P8 TRUE COPY OF THE LETTER NO 56876/B3/2013/G.EDN DATED 27.12.2014 OF THE GOVT EXHIBIT P9 TRUE COPY OF THE LETTER NO 448086/B3/2016/G.EDN DATED 20.4.2016 OF THE GOVT EXHIBIT P10 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 5.3.2012

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WPC NO.23955 OF 2021

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EXHIBIT	P11 TRUE COPY OF THE G(1)/2393/2017/DP OF THE 2ND RESPON	ORDER NO I/K.DIS DATED 16.4.2018 DENT
EXHIBIT	P12 TRUE COPY OF THE B3/4/2020/G.EDN D GOVT	LETTER NO G.EDN ATED 29.5.2020 OF THE
EXHIBIT	P13 TRUE COPY OF THE DATED 22.11.2018 ALONG WITH RELEVA	ORDER NO B3/6213/2010 OF THE DDE, PALAKKAD NT PAGE OF THE LIST
EXHIBIT	P14 TRUE COPY OF THE J2/87/2019/G.EDN GOVT	LETTER NO DATED 24.5.2021 OF THE
EXHIBIT	P15 TRUE COPY OF THE 37644/2017 DATED	JUDGMENT IN WPC NO 24.5.2019
EXHIBIT	P16 TRUE COPY OF THE 6805/2017 DATED 8	JUDGMENT IN WPC NO .4.2019
EXHIBIT	P17 TRUE COPY OF THE SUBMITTED BEFORE 7.7.2021 (WITHOUT	REPRESENTATION THE GOVERNMENT DATED EXHIBITS)

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RESPONDENTS' EXHIBITS: NIL

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TRUE COPY

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P.A.TO JUDGE

K.K.Muhammed Safwan v. the State of Kerala

Case brief

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K.K.Muhammed Safwan v. the State of Kerala

Case brief

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