Dismissed

Jyothish Kumar.M. v. State of Kerala

Kerala HC22 Jun 2022WP(C)/9472/2022

Case brief

AI extract

What is this about?

Petitioner challenging rejection of promotion proposal sought directions. Court directed the Government/1st respondent to consider and decide the pending revision petition within three months, after affording opportunity of hearing to petitioner and 5th respondent.

What did the court decide?

Order: 1st respondent to consider and pass orders on pending revision petition within three months after hearing petitioner and 5th respondent.

Jyothish Kumar.M. Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2022)

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WP(C) NO. 9472 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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WEDNESDAY, THE 22^ND DAY OF JUNE 2022 / 1ST ASHADHA, 1944

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WP(C) NO. 9472 OF 2022

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PETITIONER:

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JYOTHISH KUMAR.M. AGED 33 YEARS, S/O SRI.N.P.MOHAN, FULL TIME MENIAL, NETAJI HIGH SCHOOL, PRAMADOM, MALLASSERY.P.O., PATHANAMTHITTA DISTRICT, PIN - 689646

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BY ADVS. K.R.KRISHNAKUMARI SAJITHA.M.J.

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM ERNAKULAM, PIN - 695001

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2 DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCATION, THIRUVANANTHAPURAM, PIN - 695014

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3 DEPUTY DIRECTOR OF EDUCATION PATHANAMTHITTA AT THIRUVALLA, PIN - 689101

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4 DISTRICT EDUCATIONAL OFFICER PATHANAMTHITTA, PIN - 689645

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5 THE MANAGER

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NETAJI HIGH SCHOOL, PRAMADOM, MALLASSERY.P.O., PATHANAMTHITTA DISTRICT, PIN - 689646

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BY ADVS.

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S.SUBHASH CHAND

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WP(C) NO. 9472 OF 2022

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SMT NISHA BOSE, SR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 9472 OF 2022

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JUDGMENT

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The petitioner states that he was appointed as Full-Time Menial with effect from 01.06.2019 in a promotion vacancy at the Netaji High School, Pramadom. However, by Ext.P2 and P3 orders, the proposal for approval was rejected on various grounds. The petitioner contends that being aggrieved, he has preferred Ext.P5 revision petition before the Government which is stated to be pending. It is in the afore circumstances that the petitioner is before this Court seeking directions.

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Smt.Krishnakumari, the learned counsel appearing for the petitioner submits that a perusal of the records would show that the 5th respondent had submitted an incomplete proposal.

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In response, Sri.Subhash Chand, the learned counsel appearing for the 5th respondent submitted that the issues can only be thrashed out in the pending revision petition.

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The learned Government Pleader on instructions submitted that

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the Government has called for a report from the DGE and as the revision petition is pending, necessary orders can be passed.

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WP(C) NO. 9472 OF 2022

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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

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and pass appropriate orders on Ext.P5 revision petition, 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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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

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JUDGE

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IAP

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WP(C) NO. 9472 OF 2022

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APPENDIX OF WP(C) 9472/2022

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PETITIONER'S EXHIBITS:

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Exhibit P1 TRUE COPY THE APPOINTMENT ORDER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER ON 01.06.2019 Exhibit P2 TRUE COPY OF THE ORDER NO.B5/12679/K.DIS. DATED 20.11.2019 ISSUED BY THE 4TH RESPONDENT Exhibit P3 TRUE COPY OF THE ORDER NO.B4/210056/2020 DATED 28.07.2020 ISSUED BY THE 3RD RESPONDENT Exhibit P4 TRUE COPY THE ORDER NO.B5/12671 DATED 30.09.2020 ISSUED BY THE 4TH RESPONDENT APPROVING THE PROMOTION OF SRI.SHAJI.P.P., FTM AS O.A. W.E.F.01.06.2019 Exhibit P5 TRUE COPY OF THE REVISION PETITION DATED 13.02.2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT WITH COPY TO ALL OTHER RESPONDENTS

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RESPONDENTS' EXHIBITS:

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NIL

Jyothish Kumar.M. v. State of Kerala

Case brief

What is this about?

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Jyothish Kumar.M. v. State of Kerala

Case brief

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