The High Court directed the State to consider the petitioners' representation for post upgradation in an expeditious manner within three months, following a hearing.
Directions to the 1st respondent to consider Petition Ext.P10 and pass orders within three months, with opportunity of being heard.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 1STDAY OF NOVEMBER 2022 / 10TH KARTHIKA,1944
WP(C) NO. 3668 OF 2022
PETITIONER/S:
1MUHAMMED RAYEES P K
AGED 37 YEARS
S/O AMMAD, HSST (COMMERCE), VELOM HSS CHERAPURAM,
KOZHIKODE DISTRICT-673 507, (RESIDING AT PADINHARE
KALIKETTIYA PARAMBATH, POST CHEEKKONNU,
KAKKATTIL VIA-673 507).
2 SUAIBE P, HSST (ECONOMICS), VELOM HSS CHERAPURAM, KOZHIKODE DISTRICT-673 507.BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENT/S:
1THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM-695 001
2THE DIRECTOR OF GENERAL EDUCATION,
HIGHER SECONDARY WING, HOUSING BOARD BUILDINGS, SANTHI
NAGAR, THIRUVANANTHAPURAM-695 001.
3THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION
KUTTICHIRA, KOZHIKODE-673 001.
4 THE MANAGER, VELOM HSS CHERAPURAM, KOZHIKODE DISTRICT-673 507.5THE PRINCIPAL,
VELOM HSS CHERAPURAM, KOZHIKODE DISTRICT-673 507.
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W.P. (C) No.3668 of 2022
SMT.MARY BEENA JOSEPH, SR GP
THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON01.11.2022,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:
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W.P. (C) No.3668 of 2022
JUDGMENT
The petitioners state that the 1st petitioner commenced service as HSST Junior (Commerce), and the 2nd petitioner commenced service as HSST Junior (Economics) in the Velom HSS, Cherapuram. They contend that while continuing as such, the workload increased, warranting upgradation of the post as HSST in the concerned subject. Complaining of inaction on the part of the educational authorities in granting upgradation, they are stated to have preferred Ext.P10 before the 1st respondent.
submits that the limited prayer is for the issuance of directions to the 1st respondent to consider Ext.P10 in an expeditious manner.
3. Heard the learned Government Pleader.
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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W.P. (C) No.3668 of 2022
take up, consider and pass appropriate orders on Ext.P10, after affording an opportunity of being heard, either physically or virtually, to the petitioners herein or their authorized representative and respondents 4 and 5.
b) Orders, as directed above, shall be passed expeditiously, in any event, within three months from the date of production of a copy of this judgment.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE
Sru
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W.P. (C) No.3668 of 2022
APPENDIX OF WP(C) 3668/2022
PETITIONER’S EXHIBITS
Exhibit P1 |
TRUE COPY OF THE APPOINTMENT ORDER OF THE 1STPETITIONER DATED 31.3.2014. |
|---|---|
Exhibit P2 |
TRUE COPY OF THE APPOINTMENT ORDER OF THE 2NDPETITIONER DATED 14.3.2014. |
Exhibit P3 |
TRUE COPY OF THE GO(MS) NO 247/2014 G.EDN DATED24.11.2014 (RELEVANT PAGE). |
Exhibit P4 |
TRUE COPY OF THE ORDER NO A1/6260/2018/K.DISDATED 22.8.2018 OF THE RDD HSE KOZHIKODEPROMOTING THE 1ST PETITIONER AS HSST(COMMERCE). |
Exhibit P5 |
TRUE COPY OF THE ORDER NO A1/6259/2018/K.DISDATED 22.8.2018 OF THE RDD HSE KOZHIKODEPROMOTING THE 2ND PETITIONER AS HSST(COMMERCE). |
Exhibit P6 |
TRUE COPY OF THE STAFF FIXATION ORDER NOA1/8357/2017/D.DIS FOR THE YEAR 2014-15 TO2017-18 DATED 20.11.2017 OF VELOM HSSCHERAPURAM, KOZHIKODE. |
Exhibit P7 |
TRUE COPY OF THE GO(MS) NO 106/2017 G.EDN DATED21.8.2017. |
Exhibit P8 |
TRUE COPY OF THE JUDGMENT OF THIS HONOURABLECOURT IN WA NO 132/2016 DATED 28.2.2019. |
Exhibit P9 |
TRUE COPY OF THE SLP NO 15232-15257/2019 DATED12.7.2019. |
Exhibit P10 |
TRUE COPY OF THE REPRESENTATION SUBMITTED BYTHE PETITIONER BEFORE THE GOVERNMENT DATED20.12.2021 (WITHOUT EXHIBITS). |
1 issue framed by the court
Whether the High Court can direct the appropriate government to consider a representation for upgradation of posts expeditiously.
MUHAMMED RAYEES P K
SUAIBE P
THE STATE OF KERALA
THE DIRECTOR OF GENERAL EDUCATION
THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION KUTTICHIRA
THE MANAGER, VELOM HSS CHERAPURAM
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court