Disposed

The Manager, ( K.R. Kochukrishnan )Kannadi Higher Secondary School, Kannadi, v. State of Kerala

Kerala HC16 Feb 2023WP(C)/5153/2023

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition filed by a school manager regarding the rejection of a teacher's appointment. The Court directed the Director of General Education to consider the revision petition and pass appropriate orders within three months.

What did the court decide?

Directed the 2nd respondent to consider and pass appropriate orders in Ext.P7 within three months and give an opportunity of hearing to the petitioner and 5th respondent.

The Manager, ( K.R. Kochukrishnan )Kannadi… — 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 P.V.KUNHIKRISHNAN

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THURSDAY, THE 16^TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944

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WP(C) NO. 5153 OF 2023

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PETITIONER/S:

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THE MANAGER, ( K.R. KOCHUKRISHNAN )KANNADI HIGHER
SECONDARY SCHOOL, KANNADI,
AGED 75 YEARS
S/O RAMASWAMI, KANNADI HIGHER SECONDARY SCHOOL,
KANNADI, PALAKKAD (RESIDING AT KADUNGATH HOUSE,
THENKURISH P.O., PALAKKAD DISTRICT - 678 671)., PIN -
678701

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BY ADVS.
M.SAJJAD
V.A.MUHAMMED

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RESPONDENT/S:

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

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2 THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM, PIN - 695014

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3 THE DEPUTY DIRECTOR OF EDUCATION CIVIL STATION, PALAKKAD, PIN - 678001

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4 THE DISTRICT EDUCATIONAL OFFICER, SANTHI NAGAR, SULTANPET, PALAKKAD, PIN - 678014

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5 SMT. ANAGHA P.G., HIGH SCHOOL TEACHER ( MATHEMATICS), KANNADI HIGHER SECONDARY SCHOOL, KANNADI, PALAKKAD, PIN - 678701

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OTHER PRESENT:

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SMT.NISHA BOSE, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.5153 OF 2023

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P.V.KUNHIKRISHNAN, J.

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W.P.(C)No.5153 of 2023

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Dated this the 16^th day of February, 2023

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JUDGMENT

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The above writ petition is filed by the following prayers: -

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(1) call for the records relating to Exhibit P-6 and set aside the original of the same by the issue of a 'writ of certiorari or other appropriate writ or order.

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(11) declare that the 5 Respondent is entitled to get approval to the appointment covered by Exhibit P-1.

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(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 2^nd Respondent to take a decision on Exhibit P-7 with notice to the petitioner in a time bound manner in the light of Exhibits P4 and P5.

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(iv) to dispense with filing of English translation of vernacular documents produced in the Writ Petition.

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(v) Pass such order or direction which this Hon’ble court may deem fit and proper to grant in the circumstances of the case.

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Petitioner is the manager in Kannadi Higher Secondary

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School, Palakkad. The 5^th Respondent was appointed as HST (Mathematics) in the School w.e.f 27.07.2021 against a retirement

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vacancy by the petitioner. It is the case of the petitioner that approval of appointment of the 5^th Respondent effective from 27.07.2021 was rejected by DEO. Palakkad. Thereafter the petitioner filed an appeal Petition before the DDE, Palakkad against the order of rejection by the District Education Officer,

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WP(C) NO.5153 OF 2023

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Palakkad. It was also rejected. Aggrieved by the same, the petitioner filed a revision before the 2^nd respondent, the Director of General Education as evident by Ext.P7. The grievance of the petitioner is that the same is not considered.

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Heard counsel appearing for the petitioner and the learned Government Pleader. No notice is necessary to the 5^th respondent at this stage.

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After hearing both sides, I think this writ petition itself can be disposed of directing the 2^nd respondent to consider and pass appropriate orders within a time frame in Ext.P7 with notice to the 5^th respondent.

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Therefore, this writ petition is disposed of in the following manner:

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i. The 2^nd respondent is directed to consider and pass appropriate orders in Ext.P7, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment.

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ii. Before passing final order, the 2^nd respondent will give an opportunity of hearing to the petitioner and the 5^th respondent.

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WP(C) NO.5153 OF 2023

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iii. Petitioner will produce a copy of this writ petition along with a certified copy of this judgment before the 1^st respondent for compliance.

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Sd/-

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P.V.KUNHIKRISHNAN

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JUDGE

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WP(C) NO.5153 OF 2023

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APPENDIX OF WP(C) 5153/2023

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PETITIONER EXHIBITS

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Exhibit P-1TRUE COPY OF THE APPOINTMENT ORDER IN RESPECT
OF THE 5TH RESPONDENT DATED 27.07.2021
Exhibit P-2TRUE COPY OF THE JOINING REPORT OF THE 5TH
RESPONDENT FURNISHED BY THE HEADMASTER DATED
27.07.2021
Exhibit P-3TRUE COPY OF THE G.O (RT) 3287/2021/G.EDN DATED
06.07.2021
Exhibit P-4TRUE COPY OF THE G.O (P) NO. 3/2019/G.EDN.
DATED 28.02.2019
Exhibit P-5TRUE COPY OF CIRCULAR NO. J2/57/2019/G.EDN
DATED 08.03.2019
Exhibit P-6TRUE COPY OF ORDER NO. B4/216110/2021 DATED
29.07.2022 OF THE DDE, PALAKKAD
Exhibit P-7TRUE COPY OF THE REVISION PETITION SUBMITTED BY
THE PETITIONER BEFORE THE DIRECTOR OF GENERAL
EDUCATION DATED 07.11.2022 (WITHOUT EXHIBITS )

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RESPONDENTS' EXHIBITS:NIL

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TRUE COPY

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P.A.TO JUDGE

The Manager, ( K.R. Kochukrishnan )Kannadi Higher Secondary School, Kannadi, v. State of Kerala

Case brief

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The Manager, ( K.R. Kochukrishnan )Kannadi Higher Secondary School, Kannadi, v. State of Kerala

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