Allowed

Denny v. M, v 1. State of Kerala

Kerala HC3 Feb 2023WP(C)/3634/2023

Case brief

AI extract

What is this about?

In this writ petition, the petitioner, a school teacher, sought direction to dispose of his statutory revision petition (Ext.P4) filed under Rule 3 Chapter I of the Kerala Education Rules. The court allowed the petition and directed the competent authority to expedite disposal with a hearing within four months.

What did the court decide?

Directive to the competent authority to dispose of Ext.P4 within four months after affording a hearing opportunity to the petitioner.

Denny v M, Vs 1. State of Kerala — Pension and Retirement Benefits | Kerala HC (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 DEVAN RAMACHANDRAN

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FRIDAY, THE 3^RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944 WP(C) NO. 3634 OF 2023

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PETITIONER:

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DENNY V M,
AGED 46 YEARS
UPPER PRIMARY SCHOOL TEACHER, MIC O.U.P. SCHOOL,
KAIPAMANGALAM P O, 680681,
RESIDING AT VAZHAPPILLY HOUSE,
NHAMANGHAT P O, VYLATHUR, PIN - 679563

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BY ADVS.
M.A.FAYAZ
M.VISHNUPRIYA
C.B.ABHINAVA

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RESPONDENTS:

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1STATE OF KERALA
REP. BY SECRETARY TO THE GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001

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2 DIRECTOR OF GENERAL EDUCATION O/O DIRECTOR OF GENERAL EDUCATION, JAGATHI, THIRUVANANTHAPURAM, PIN - 695014

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3 DEPUTY DIRECTOR OF EDUCATION THRISSUR O/O DEPUTY DIRECTOR OF EDUCATION THRISSUR, THRISSUR, PIN - 680003

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4 DISTRICT EDUCATIONAL OFFICER, THRISSUR O/O DISTRICT EDUCATIONAL OFFICER, THRISSUR THRISSUR, PIN - 680020

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5 ASSISTANT EDUCATIONAL OFFICER CHAVAKKAD O/O THE ASSISTANT EDUCATIONAL OFFICER CHAVAKKAD THRISSUR, PIN - 680582

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BY ADV SMT.NISHA BOSE, SENIOR G.P.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 3634 OF 2023 2

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JUDGMENT

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Sri.M.A.Fayaz – learned counsel appearing for the petitioner, confined his plea that Ext.P4 – Statutory Revision filed by his client before the 1^st respondent, invoking the provisions of Rule 3 Chapter I of the Kerala Education Rules (‘KER’ for short), be directed to be taken up and disposed of within a time frame to be fixed by this Court.

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Smt.Nisha Bose - learned Senior Government Pleader appearing for the official respondents, submitted that there is no legal impediment in Ext.P4 Statutory Revision being taken up and disposed of by the competent Authority of the 1^st respondent; but prayed that this Court may not make any affirmative declarations on his entitlement to any relief and leave it to be decided by the competent Authority, in terms of law.

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In the afore circumstances, I allow this writ petition and direct the competent Authority of the 1^st respondent to take up Ext.P4 and dispose of the same, after affording an opportunity of being heard to the petitioner; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than four months from the date of receipt of a copy of this judgment.

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Sd/-

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DEVAN RAMACHANDRAN JUDGE

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MC/3/2

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WP(C) NO. 3634 OF 2023 3

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APPENDIX OF WP(C) 3634/2023

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF APPOINTMENT ORDER DATED
02.06.2008 CONTAINING THE ENDORSEMENT OF
APPROVAL BY THE 5TH RESPONDENT
Exhibit P2TRUE COPY OF THE STAFF FIXATION ORDER
NO.C/52363/2022 DATED 19.08.2022 ISSUED BY
THE 5TH RESPONDENT.
Exhibit P3TRUE COPY OF JOINING REPORT ISSUED BY THE
HEAD MASTER OF THE SCHOOL TO THE 5TH
RESPONDENT REGARDING THE APPOINTMENT GIVEN
TO THE PETITIONER DATED 31.08.2022.
Exhibit P4TRUE COPY OF REVISION PETITION DATED
20.12.2022 SUBMITTED BEFORE THE 1ST
RESPONDENT.

Denny v. M, v 1. State of Kerala

Case brief

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Denny v. M, v 1. State of Kerala

Case brief

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