Petitioner sought implementation of a District Educational Officer order for his appointment as Upper Primary School Teacher. Court directed respondent to implement the order within one month, subject to higher authority variation, considering a prior judgment.
4th respondent directed to initiate appropriate steps to implement Ext.P5 within one month.
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WP(C) NO. 11520 OF 2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 5TH DAY OF DECEMBER 2022 / 14TH AGRAHAYANA, 1944
WP(C) NO. 11520 OF 2022
PETITIONER/S:
MIDHUN S. AGED 29 YEARS S/O.LATE N.SURENDRAN NAIR, UPPER PRIMARY SCHOOL TEACHER, UPPER PRIMARY SCHOOL KOVOOR, ARINELLOOR P.O., CHAVARA EDUCATIONAL SUB DISTRICT, KOLLAM DISTRICT, PIN - 690 538 RESIDING AT 'MIDHILA' MANAKKARA, SASTHAMCOTTAH P.O., KOLLAM, PIN - 690 521.
BY ADVS. JOHN JOSEPH VETTIKAD C.JOSEPH JOHNY
RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION (B) DEPARTMENT, GOVERNMENT SECRETARIAT, ANNEX II, THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION THYCAUD, JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014.
WP(C) NO. 11520 OF 2022 2
5 THE MANAGER UPPER PRIMARY SCHOOL KOVOOR ARINELLOOR P.O., CHAVARA EDUCATIONAL SUB DISTRICT, KOLLAM DISTRICT, PIN - 690 538. BY ADVS. ADVOCATE GENERAL OFFICE KERALA SMINI JOSE
SMT. NISHA BOSE, SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11520 OF 2022
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JUDGMENT
The petitioner herein was appointed as Upper Primary School Teacher
(UPST) with effect from 26.08.2021 as per Ext.P1 order against the retirement vacancy of Smt. L Remadevi. It appears that by Ext.P5 order, the District Educational Officer (DEO) has issued directions to the 4th respondent to approve the appointment of the petitioner from 26.08.2021. Contending that Ext.P5 has not been implemented by the 4th respondent, the petitioner has approached this Court seeking issuance of directions.
is stated that certain Smt. Divya Vijayan has filed W.P.(C) No.6874 of 2022
and that, in view of the pendency of the writ petition, implementation of Ext.P5 was kept in abeyance.
dismissed W.P.(C) No.6874 of 2022. In that view of the matter, there is no
justification on the part of the 4th respondent in not implementing Ext.P5.
WP(C) NO. 11520 OF 2022
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view of the subsequent turn of events, directions in Ext.P5 can be implemented in the light of the directions and observations in W.P.(C) No.19808 of 2021.
Having regard to the facts and circumstances and the submissions
made across the bar, this writ petition is disposed of directing the 4th respondent to initiate appropriate steps to implement Ext.P5, if the same has
not been varied or set aside by any superior authority. While taking a decision, the 4th respondent shall also consider the observations and directions issued by this Court in W.P.(C) No.19808 of 2021 and the subsequent Government Orders. Appropriate decision shall be taken expeditiously, in any event, within one month from the date of receipt of a copy of this judgment.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
NS
WP(C) NO. 11520 OF 2022
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APPENDIX OF WP(C) 11520/2022
PETITIONER(S) EXHIBITS :
Exhibit P1 THE TRUE COPY OF THE APPOINTMENT ORDER DATED 26/08/2021 IN RESPECT OF THE PETITIONER ISSUED BY THE 5TH RESPONDENT. Exhibit P2 THE TRUE COPY OF THE APPOINTMENT APPLICATION FORM CONTAINING APPLICATION ID NO.167493 IN RESPECT OF THE PETITIONER. Exhibit P3 THE TRUE COPY OF THE REJECTION PROCEEDINGS ORDER BEARING NO.C/19173/2021/D-DIS. DATED 24/09/2021 OF THE ASSISTANT EDUCATIONAL OFFICER CHAVARA. Exhibit P4 TRUE COPY OF GO(RT) NO.198/2022/GEDN. DATED 10/01/2022. Exhibit P5 THE TRUE COPY OF PROCEEDINGS ORDER NO.B1/195365/2021 DATED 23/01/2022 OF THE DISTRICT EDUCATIONAL OFFICER KOLLAM.
2 issues framed by the court
Whether the 4th respondent is directed to implement Ext.P5 and issue appropriate appointment order.
Whether the petitioner, who was held non-eligible in a related writ petition, can be directed to be appointed as UPST.
Midhun S.
The State of Kerala
The Director of General Education
The District Educational Officer Kollam
The Assistant Educational Officer Chavara
The Manager Upper Primary School Kovoor
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
