Disposed

Fr.Johny Sebastian, v. the State of Kerala

Kerala HC1 Jul 2022WP(C)/21474/2022

Case brief

AI extract

What is this about?

Writ petition filed by an appointed HSST teacher seeking directions for expeditious consideration of his revision petition rejected by government authorities. Court disposed of petition at admission stage by directing the 1st respondent to consider the revision petition within three months.

What did the court decide?

Direction to the 1st respondent to take up and pass orders on the revision petition (Ex.P5) within three months of the order.

Fr.Johny Sebastian, Vs the State of Kerala — Service and Employment | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 1^ST DAY OF JULY 2022 / 10TH ASHADHA, 1944

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WP(C) NO. 21474 OF 2022

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PETITIONER/S:

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FR.JOHNY SEBASTIAN,
AGED 46 YEARS
SON OF SEBASTIAN,
HIGHER SECONDARY SCHOOL TEACHER IN SOCIOLOGY,
NIRMALA HIGHER SECONDARY SCHOOL,
CHEMPERI, KANNUR DISTRICT-670 632

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BY ADVS.
V.A.MUHAMMED
M.SAJJAD

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RESPONDENT/S:

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

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2THE DIRECTOR OF GENERAL EDUCATION,
(HIGHER SECONDARY EDUCATION WING),
HOUSING BOARD BUILDINGS, SANTHI NAGAR,
THIRUVANANTHAPURAM-695 001

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3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, P.O. PAYYAMBALAM, KANNUR DISTRICT-670 003

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4 THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCH DIOCESE OF THALASSERY, THALASSERY-670 101, KANNUR DISTRICT

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5 THE PRINCIPAL, NIRMALA HIGHER SECONDARY SCHOOL, CHEMPERI, KANNUR DISTRICT-670 632

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WP(C) NO. 21474 OF 2022

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SRI PREMCHAND R NAIR SR GP

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFOR
ADMISSIONON01.07.2022,THECOURTONTHESAMEDAY
DELIVERED THE FOLLOWING:

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WP(C) NO. 21474 OF 2022

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JUDGMENT

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The petitioner states that he was appointed as HSST (Sociology) on

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06.06.2019. According to the petitioner, though he is qualified for the post, the approval of the appointment has been rejected by respondents 2 and 3. Being aggrieved by the orders passed by respondents 2 and 3, the petitioner is stated to have preferred Exhibit P5 revision petition before

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the 1st respondent, which is stated to be pending. The prayer in this writ petition is for issuance of directions to the 1st respondent for expeditious consideration of the revision petition and incidental reliefs.

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I have heard Sri. V. Rajasekharan Nair, the learned counsel appearing for the petitioner and Sri. Premchand R. Nair, the learned Senior Government Pleader.

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In the nature of the order that I propose to pass, notice to respondents 4 and 5 is dispensed with.

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After having carefully evaluated the contentions raised in this

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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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WP(C) NO. 21474 OF 2022

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a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P5 after affording

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an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorised representative and respondents 4 and 5.

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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 JUDGE

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avs

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WP(C) NO. 21474 OF 2022

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APPENDIX OF WP(C) 21474/2022

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PETITIONER EXHIBITS

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`Exhibit P1`	`TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL NO.` `11829/2018 OF THE HON'BLE SUPREME COURT OF` `INDIA DATED 04.12.2018`
`Exhibit P2`	`TRUE COPY OF THE PROCEEDINGS NO. 40/19/HSS` `DATED 31.05.2019 OF THE CORPORATE MANAGER`
`Exhibit P3`	`TRUE COPY OF THE ORDER NO. A5/8072/2019/L.DIS.` `DATED 24.01.2021 OF THE 3RD RESPONDENT`
`Exhibit P4`	`TRUE COPY OF THE ORDER NO.` `ACD.B4/228258/2022/HSE DATED 25.05.2022 OF THE` `2ND RESPONDENT`
`Exhibit P5`	`TRUE COPY OF THE REVISION PETITION FILED BEFORE` `THE GOVERNMENT DATED 22 06 2022 (WITHOUT` `EXHIBITS)`

Fr.Johny Sebastian, v. the State of Kerala

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Fr.Johny Sebastian, v. the State of Kerala

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