Disposed

Biju Paul A.P v. the State of Kerala

Kerala HC13 Oct 2022WP(C)/29558/2022

Case brief

AI extract

What is this about?

In this writ petition, the petitioner, a school Principal facing salary irregularities pending government approval, sought mandamus for salary disbursement and approval grant. The Court entered a single-judge order dispensing with notice and issued directions to the State Government to decide the pending revision petition expeditiously within four months.

What did the court decide?

Directions issued to the 1st respondent to consider the pending revision petition expeditiously within four months after affording an opportunity of being heard.

Biju Paul A.P Vs the State of Kerala — Education and Admissions | Kerala HC (2022)

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WP(C) NO. 29558 OF 2022

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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 13^TH DAY OF OCTOBER 2022 / 21ST ASWINA, 1944

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WP(C) NO. 29558 OF 2022

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PETITIONER:

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BIJU PAUL A.P AGED 48 YEARS SON OF A V PAILY, PRINCIPAL, NIRMALA HIGHER SECONDARY SCHOOL, ERUMAMUNDA, NILAMBUR-679 334, MALAPPURAM 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 ANNEXE II, THIRUVANANTHAPURAM-695 001

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2 THE 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, B-2 BLOCK, CIVIL STATION, MALAPPURAM DISTRICT-676 519

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WP(C) NO. 29558 OF 2022 2

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4 THE SUB TREASURY OFFICER EDAKKARA, MALAPPURAM DISTRICT-679 331

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5 THE CORPORATE EDUCATIONAL AGENCY, CATHOLIC DIOCESE OF BATHERY (MANAGER, NIRMALA HIGHER SECONDARY SCHOOL, ERUMAMUNDA, NILAMBUR-679 334, MALAPPURAM DISTRICT)

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SMT NISHA BOSE, SR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 29558 OF 2022

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JUDGMENT

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The petitioner states that he was appointed as HSST (Commerce) in the Nirmala Higher Secondary School, Erumamunda, an aided school managed by the 5th respondent with effect from 01.08.2000 onwards. Taking note of his service for over two decades and also taking note of the fact that the petitioner is test qualified, he was appointed as Principal of the school. According to the petitioner, the said order was passed invoking the minority rights of the establishment, and the same came into effect from 01.06.2022 onwards. Contending that the approval has not been granted and that he has not been paid salary as HSST from June 2022, he has preferred a representation before the 3rd respondent. It is in the afore circumstances that the petitioner had approached this Court seeking the following reliefs:

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(i) issue a writ of mandamus or other appropriate writ, order or direction commanding the 3rd respondent to grant approval to Exhibit P2 forthwith.

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(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to disburse the salary of the petitioner in the cadre of HSST due from June 2022 until his promotion as Principal is approved as also the Onam Festival Allowance 2022 forthwith.

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Sri. Sajjad, the learned counsel, submitted that pending

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WP(C) NO. 29558 OF 2022

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consideration of the writ petition, Ext.P10 order has been issued by the 3rd respondent overlooking the petitioner and choosing another person as Principal-in charge. The petitioner asserts that challenging Ext.P10 order, the petitioner has preferred Ext.P11 revision petition before the Government. The learned counsel requests that directions be issued to the 1st respondent to consider Ext.P11 and take a decision.

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The learned Senior Government Pleader on instructions, submitted that pending consideration of the writ petition, the salary due to the petitioner has been disbursed.

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In view of the limited nature of the relief sought, notice to the 5th respondent is dispensed with.

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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 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.P11, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorized representative and the 5th respondent.

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WP(C) NO. 29558 OF 2022 5

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b) Orders, as directed above, shall be passed expeditiously, in any

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event, within four 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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IAP

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WP(C) NO. 29558 OF 2022 6

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APPENDIX OF WP(C) 29558/2022

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PETITIONER'S EXHIBITS:

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Exhibit P1	TRUE COPY OF THE BY THE NATIONAL EDUCATIONAL INST	MINORITY CERTIFICATE ISSUED COMMISSION FOR MINORITY ITUTIONS.
Exhibit P2	TRUE COPY OF THE PETITIONER DATED	APPOINTMENT ORDER OF THE 01.06.2022
Exhibit P3	TRUE COPY OF THE MANAGER DATED 01 HSE, MALAPPURAM	COVERING LETTER OF THE .06.2022 ADDRESSED THE RDD
Exhibit P4	TRUE COPY OF THE	STAFF STATEMENT OF THE SCHOOL
Exhibit P5	TRUE COPY OF THE TEACHERS/NON TEA	COMPLAINT FILED BY THE CHING STAFF DATED 04.08.2022
Exhibit P6	TRUE COPY OF THE J1/89/G.EDN. DAT GOVERNMENT	CIRCULAR NO.23323/ ED 06.11.1989 OF THE
Exhibit P7	TRUE COPY OF THE 33755/2016 DATED	JUDGMENT IN W.P.(C) NO. 07.12.2016
Exhibit P8	TRUE COPY OF THE 29427/2016 DATED	JUDGMENT IN W.P.(C) NO. 05.09.2016
Exhibit P9	TRUE COPY OF THE 32084/2017 DATED	JUDGMENT IN W.P.(C) NO. 09.10.2017
Exhibit P10	TRUE COPY OF THE DATED 19/09/2022	ORDER NO.E/4170/22/HSE/L.DIS OF THE RDD HSE, MALAPPURAM.
Exhibit P11	TRUE COPY OF THE BEFORE THE GOVER RECEIPT AFFIXED.	REVISION PETITION FILED NMENT DATED 28/09/2022 COURIER

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RESPONDENTS' EXHIBITS: NIL

Biju Paul A.P v. the State of Kerala

Case brief

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Biju Paul A.P v. the State of Kerala

Case brief

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