Partly allowed

C.P.Sunanda v. State of Kerala

Kerala HC17 Jan 2023WP(C)/1570/2023

Case brief

AI extract

What is this about?

Writ petition challenging orders directing petitioner to produce appointment approval order. Court directed statutory revision to be considered expeditively and stayed proceedings pending its outcome.

What did the court decide?

Petitioner directed to produce writ petition copy; authority directed to consider revision petition expeditiously within four months; proceedings pursuant to impugned orders stayed pending outcome of

C.P.Sunanda Vs State of Kerala — Education and Admissions | Kerala HC (2023)

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WP(C) NO. 1570 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 TUESDAY, THE 17^TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944 WP(C) NO. 1570 OF 2023

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PETITIONER/S:

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C.P.SUNANDA AGED 50 YEARS UPSA, W/O.C.N.RAVEENDRAN, K.T.M. HIGH SCHOOL, MANNARKKAD P.O., PALAKKAD DIST – 678582

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BY ADVS. GEORGE ABRAHAM JOBY D JOSEPH MARY CATHERINE PRIYANKA P.S.

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM – 695001 2 DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM – 695014 3 DEPUTY DIRECTOR OF EDUCATION PALAKKAD – 678001

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4 DISTRICT EDUCATIONAL OFFICER MANNARKKAD, PALAKKAD, PIN – 678582

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5 HEADMASTER K.T.M. HIGH SCHOOL, MANNARKKAD P.O., PALAKKAD DIST. PIN – 678582

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WP(C) NO. 1570 OF 2023

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6 MANAGER K.T.M. HIGH SCHOOL, MANNARKKAD P.O., PALAKKAD DIST. PIN - 678582

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SMT. NISHA BOSE, SR. GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 1570 OF 2023

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JUDGMENT

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This writ petition is filed seeking to quash Ext.P4 order issued by the

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DDE to the extent that it directs the petitioner to produce the order of

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approval granted with effect from 2.06.2004 and further to quash Exts.P5 and P6 orders.

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Sri. George Abraham, the learned counsel appearing for the petitioner

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submits that the petitioner had approved appointment for the period from 22.6.2000 to 30.11.2004 and it was while he was working that he was offered

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appointment as per Ext.P2 order. The learned counsel submits that he has

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been paid salary all these years on the basis of the order of approval. After

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about 18 years, the audit department, while conducting routine inspection, came to the conclusion that the approval of appointment of the petitioner was not affixed in the service records. The learned counsel asserts that challenging the orders issued by the authorities the petitioner has preferred Ext.P7 revision petition before the 1st respondent. Learned counsel requested that

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direction be issued to the 1st respondent for an expeditious consideration of

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WP(C) NO. 1570 OF 2023

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Ext.P7 and also prays that until orders are passed on the revision petition

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Exts.P5 and P6 be kept in abeyance.

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

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Pleader who points out that the petitioner was bound to produce the order

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granting approval. It is further submitted that the said order has not been produced before this Court as well.

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

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and 6 is dispensed with.

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Having considered the facts and circumstances, I am of the view that

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as the statutory revision petition is pending before the 1st respondent the

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same can be ordered to be considered.

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a) There will be a direction to the 1st respondent to take up,

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consider and pass appropriate orders on Ext.P7 after affording an

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opportunity of being heard, either physically or virtually, to the

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petitioner herein or her authorized representative and the

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respondents 5 and 6.

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WP(C) NO. 1570 OF 2023

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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

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copy of this judgment.

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c) It would be open to the petitioner to produce a copy of

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the writ petition along with the judgment before the concerned

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respondent for further action.

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d) Until orders are passed on the revision petition,

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proceedings pursuant to Exts.P5 and P6 shall be kept in abeyance.

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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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WP(C) NO. 1570 OF 2023

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APPENDIX OF WP(C) 1570/2023

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PETITIONER(S) EXHIBITS :

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Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER SHOWING APPROVAL OF APPOINTMENT OF THE PETITIONER AS UPSA FROM 22.06.2000 TO 30.11.2004 Exhibit P2 TRUE COPY OF THE PROCEEDINGS OF THE MANAGER K.T.M. HIGH SCHOOL, MANNARKKAD Exhibit P3 TRUE COPY OF THE GOVERNMENT ORDER NAMELY GO(MS)NO.275/99/G.EDN. DATED 09.01.1999 Exhibit P4 TRUE COPY OF THE COMMUNICATION ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD DATED 18.02.2022 ALONG WITH THE AUDIT REPORT Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED 29.12.2022 SENT BY THE DISTRICT EDUCATIONAL OFFICER Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED 06.01.2023 ISSUED BY THE HEADMASTER OF THE SCHOOL Exhibit P7 TRUE COPY OF THE REVISION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 10.01.2023

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RESPONDENT(S) EXHIBITS : NIL

C.P.Sunanda v. State of Kerala

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C.P.Sunanda v. State of Kerala

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