Allowed

Navamukunda Higher Secondary School v. State of Kerala

Kerala HC19 Jan 2023WP(C)/1636/2023

Case brief

AI extract

What is this about?

The Court disposed of a writ petition filed by a school challenging the reduction of VII standard divisions due to staff fixation issues. It directed the State to consider the statutory revision and stay petitions within four months, or two weeks for the stay application, after affording a hearing opportunity.

What did the court decide?

Directed the 1st Respondent to consider and pass orders on the statutory revision and stay petitions after affording an opportunity of hearing, within four months or two weeks for the stay application

Navamukunda Higher Secondary School Vs State… — Pension and Retirement Benefits | Kerala HC (2023)

¶1

WP(C) NO. 1636 OF 2023

¶2

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶6

THURSDAY, THE 19^TH DAY OF JANUARY 2023 / 29TH POUSHA, 1944

¶7

WP(C) NO. 1636 OF 2023

¶8

PETITIONER:

¶9

NAVAMUKUNDA HIGHER SECONDARY SCHOOL THIRUNAVAYA THIRUNAVAYA.P.O., TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676301, REPRESENTED BY ITS MANAGER, P.PADMANABHAN

¶10

BY ADV N.KRISHNA PRASAD

¶11

RESPONDENTS:

¶12

1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001

¶13

2 DIRECTOR OF GENERAL EDUCATION OFFICE OF THE DIRECTORATE OF GENERAL EDUCATION, DPI JUNCTION, JAGATHY, THIRUVANANTHAPURAM- 695 014

¶14

3 DISTRICT EDUCATION OFFICER TIRUR, TIRUR.P.O., MALAPURAM DISTRICT, PIN-676101

¶15

4 DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM DISTRICT, PIN-676505

¶16

SMT NISHA BOSE, SR GOVERNMENT PLEADER

¶17

WP(C) NO. 1636 OF 2023

¶18

¶19

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶20

WP(C) NO. 1636 OF 2023

¶21

¶22

JUDGMENT

¶23

This writ petition is filed seeking the following reliefs:-

¶24

(a) To issue a writ of mandamus or any other writ, or direction commanding the first respondent to consider and pass appropriate orders on Ext.P9 statutory revision filed by the petitioner after affording an opportunity of hearing to the petitioner and within such reasonable time as may be found fit by this Honourable Court.

¶25

(b) that during the pendency of Ext.P9 statutory revision, direct the third and fourth respondents from taking any further action pursuant to Ext P7 order of the second respondent

¶26

(c) in the alternative to relief no.b, to direct the third and fourth respondents not to take any action in furtherance of Ext.P7 till appropriate orders are passed on Ext P10 stay petition filed by the petitioner.

¶27

Sri. N. Krishna Prasad, the learned counsel appearing for the petitioner, submits that the staff fixation for the academic year 2019-2020 ordered by the 3rd respondent was revised by the 2nd respondent, and consequently, the divisions that could be allotted to the VII standard was reduced to 8. The petitioner states that the 1st respondent has confirmed the said finding and has issued directions to the 4th respondent to cancel

¶28

WP(C) NO. 1636 OF 2023

¶29

¶30

the additional division and to recover the loss. The petitioner states that challenging Ext.P7, Ext.P9 statutory revision petition along with Ext.P10 application for stay has been preferred before the 1st respondent. The request of the petitioner is for the issuance of directions to the 1st respondent to consider Ext.P9 and P10 and take a decision expeditiously.

¶31

I have heard Smt. Nisha Bose, the learned Government

¶32

Pleader.

¶33

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 at the admission stage itself by issuing the following directions:

¶34

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

¶35

up, consider and pass appropriate orders on Ext.P9 and P10 after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorized representative.

¶36

b) Orders, as directed above, shall be passed

¶37

expeditiously, in any event, within four months from the date of production of a copy of this judgment. If an application for

¶38

expeditious hearing of Ext.P10 is preferred, the same shall be

¶39

WP(C) NO. 1636 OF 2023

¶40

¶41

considered, and orders shall be passed within a period of two weeks from the date of filing of the application.

¶42

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

¶43

the writ petition along with the judgment before the concerned respondent for further action.

¶44

This writ petition is disposed of.

¶45

Sd/-

¶46

RAJA VIJAYARAGHAVAN V

¶47

JUDGE

¶48

IAP

¶49

WP(C) NO. 1636 OF 2023

¶50

¶51

APPENDIX OF WP(C) 1636/2023

¶52

PETITIONER'S EXHIBITS:

¶53

Exhibit P1	TRUE COPY OF THE STAFF FIXATION ORDER ISSUED BY THE THIRD RESPONDENT DATED 29.07.2019.
Exhibit P2	TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 03.09.2021
Exhibit P3	TRUE COPY OF THE JUDGMENT IN WRIT PETITION (CIVIL) NO.20191/2021 DATED 27/09/2021
Exhibit P4	TRUE COPY OF THE REPRESENTATION OF THE PETITIONER BEFORE THE GOVERNMENT DATED 03.12.2021
Exhibit P5	TRUE COPY OF THE G.O (MS) NO.6144/2021/G.EDN DATED 30/12/2021
Exhibit P6	TRUE COPY OF THE LETTER OF THE PETITIONER ADDRESSED TO THE SUPER CHECK CELL, KOZHIKODE DATED 20.01.2022
Exhibit P7	TRUE COPY OF THE ORDER DATED 22.07.2022 OF THE SECOND RESPONDENT
Exhibit P8	TRUE COPY OF THE COMMUNICATION OF THE FOURTH RESPONDENT DATED 5.1.2013
Exhibit P9	TRUE COPY OF THE STATUTORY REVISION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 11.1.2023
Exhibit P10	TRUE COPY OF THE PETITION FOR STAY FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 11.1.2023

Navamukunda Higher Secondary School v. State of Kerala

Case brief

What is this about?

What did the court decide?

Navamukunda Higher Secondary School v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Thanseer Vs State of Kerala

Rafeena v Vs State of Kerala

Saritha E.K., Vs State of Kerala

Unais.P.P Vs Director of General Education

Silja K.P Vs the Director of General Education

Shylaja Vs Vilakudy Grama Panchayath