Disposed

The Manager( Iype Varghese) v. State of Kerala

Kerala HC16 Jan 2023WP(C)/1228/2023

Case brief

AI extract

What is this about?

Petitioner filed writ petition seeking certiorari to call for records and mandamus to grant approval and spend benefits relating school exhibits. Court dispensed with notice to some respondents and directed 1st respondent to consider a specific revision petition with notice to others within four months.

What did the court decide?

Directions to 1st respondent to consider Exhibit P19 after hearing petitioner and respondents 5-7 within four months; notice to respondents 5-7 dispensed.

The Manager( Iype Varghese) Vs State of Kerala — Service and Employment | Kerala HC (2023)

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WP(C) NO. 1228 OF 2023

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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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MONDAY, THE 16^TH DAY OF JANUARY 2023 / 26TH POUSHA, 1944

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WP(C) NO. 1228 OF 2023

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PETITIONER:

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THE MANAGER(IYPE VARGHESE) IYPE MEMORIAL HIGH SCHOOL, KALOOR, MUVATTUPUZHA, ERNAKULAM DISTRICT- 686 668.

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BY ADVS. M.SAJJAD V.A.MUHAMMED

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RESPONDENTS:

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1 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, JAGATHY, THIRUVANANTHAPURAM-695 014

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3 THE DEPUTY DIRECTOR OF EDUCATION ERNAKULAM AT KAKKANAD-682 030

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4 THE DISTRICT EDUCATIONAL OFFICER T.B. JUNCTION, MUVATTUPUZHA, ERNAKULAM DISTRICT - 686661

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5 SMT. SUREMYA JOHN UPST, IYPE MEMORIAL HIGH SCHOOL, KALOOR, MUVATTUPUZHA, ERNAKULAM DISTRICT- 686 668

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WP(C) NO. 1228 OF 2023

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6	SMT. MONICA DEVASIA
	UPST, IYPE MEMORIAL MUVATTUPUZHA, ERNAKULAM DISTRICT-	HIGH SCHOOL, KALOOR, 686 668.
7	SRI. JOMON JOSE
	HST, IYPE MEMORIAL MUVATTUPUZHA,	HIGH SCHOOL, KALOOR,
	ERNAKULAM DISTRICT-	686 668

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SMT NISHA BOSE, SR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 1228 OF 2023

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JUDGMENT

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This writ petition is filed seeking the following reliefs:-

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(i) call for the records relating to Exhibits P2, P4, P6, P8, P10, P13 and P15 and set aside the originals of the same by the issue of a writ of certiorari or appropriate writ or order.

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(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to grant approval to Exhibits P1, P7 and P12 and disburse the attendant benefits forthwith.

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(iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st respondent to take a decision on Exhibit P19 with notice to the petitioners in a time bound manner and in the light of Exhibits P17 and P18.

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Sri.M.Sajjad, the learned counsel appearing for the petitioner, submits that for the time being, the petitioner would be satisfied if directions

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are issued to the 1st respondent to consider Ext.P19 adverting to Exhibits P17 and P18.

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I have heard Smt. Nisha Bose, the learned Government Pleader.

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In view of the order that I propose to pass, notice to respondents 5 to 7 are 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

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WP(C) NO. 1228 OF 2023

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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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a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P19 adverting to Exhibits P17 and P18 after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorized representative and the respondents 5 to 7.

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

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in any 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. 1228 OF 2023

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APPENDIX OF WP(C) 1228/2023

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PETITIONER'S EXHIBITS:

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Exhibit P-1	TRUE COPY OF THE APPOINTMENT ORDER OF THE 5TH RESPONDENT DATED 15.07.2021
Exhibit P-2	TRUE COPY OF THE ORDER NO. B2/24514/2021 DATED 24.09.2021 OF THE DEO, MUVATTUPUZHA
Exhibit P-3	TRUE COPY OF THE APPEAL SUBMITTED BY THE MANAGER BEFORE THE DDE, ERNAKULAM DATED NIL
Exhibit P-4	TRUE COPY OF THE ORDER NO. B1/215593/2021 DATED 19.05.2022 OF THE DDE, ERNAKULAM
Exhibit P-5	TRUE COPY OF THE REVISION APPEAL SUBMITTED BY THE MANAGER BEFORE THE DIRECTOR DATED NIL
Exhibit P-6	TRUE COPY OF THE ORDER NO. EC3/237245/2022 DATED 13.10.2022 OF THE ADDITIONAL DIRECTOR OF GENERAL EDUCATION
Exhibit P-7	TRUE COPY OF THE APPOINTMENT ORDER OF THE 6TH RESPONDENT DATED 16.07.2021
Exhibit P-8	TRUE COPY OF THE ORDER NO. B2/24591/2021 DATED 01.11.2021 OF THE DEO, MUVATTUPUZHA
Exhibit P-9	TRUE COPY OF THE APPEAL SUBMITTED BY THE MANAGER BEFORE THE DDE, ERNAKULAM DATED NIL
Exhibit P-10	TRUE COPY OF THE ORDER NO. B1/216311/2021 DATED 19.05.2022 OF THE DDE, ERNAKULAM
Exhibit P-11	TRUE COPY OF THE REVISION APPEAL SUBMITTED BY THE MANAGER BEFORE THE DIRECTOR DATED NIL

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WP(C) NO. 1228 OF 2023

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Exhibit	P-12 TRUE COPY OF THE APPOINTMENT ORDER OF THE 7TH RESPONDENT DATED 15.07.2021
Exhibit	P-13 TRUE COPY OF THE ORDER NO. B2/24534/2021 DATED 24.09.2021 OF THE DEO, MUVATTUPUZHA
Exhibit	P-14 TRUE COPY OF THE APPEAL SUBMITTED BY THE MANAGER BEFORE THE DDE, ERNAKULAM DATED NIL
Exhibit	P-15 TRUE COPY OF THE ORDER NO. B1/215592/2021 DATED 30.05.2022 OF THE DDE, ERNAKULAM
Exhibit	P-16 TRUE COPY OF THE REVISION APPEAL SUBMITTED BY THE MANAGER BEFORE THE DIRECTOR DATED NIL
Exhibit	P-17 TRUE COPY OF THE G.O.(P) NO.3/2019/G.EDN. DATED 28.02.2019
Exhibit	P-18 TRUE COPY OF THE GOVERNMENT CIRCULAR NO. J2/57/2019/G.EDN. DATED 08.03.2019
Exhibit	P-19 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 29.12.2022 (WITHOUT EXHIBITS)

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RESPONDENTS' EXHIBITS:

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NIL

The Manager( Iype Varghese) v. State of Kerala

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The Manager( Iype Varghese) v. State of Kerala

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