Disposed

K.C.Bharathi v. Director of General Education

Kerala HC12 Dec 2023WP(C)/6618/2021

Case brief

AI extract

What is this about?

In a writ petition regarding the conversion of a part-time Hindi teacher post to full-time, the Court directed the petitioner to re-present their appeal before the first respondent to be disposed of on merits within two months, avoiding technical dismissal.

What did the court decide?

Petitioner directed to re-present the appeal before the 1st respondent for disposal on merits within two months.

K.C.Bharathi Vs Director of General Education — 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 T.R.RAVI

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TUESDAY, THE 12TH DAY OF DECEMBER 2023 / 21ST AGRAHAYANA, 1945

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WP(C) NO. 6618 OF 2021

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PETITIONER:

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K.C.BHARATHI
AGED 76 YEARS
W/O. LATE NARAYANAN NAMBIAR, MANAGER,
KADAMBUR NORTH UP SCHOOL, HOUSE NO.7,
PUZHATHI HOUSING COLONY,
KANNUR DISTRICT, PIN - 670002.
(MANAGER, KADAMBOOR NORTH U.P.SCHOOL, P. O.
KADAMBOOR, (VIA) EDAKKAD, KANNUR – 670 663).

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BY ADV V.N.RAMESAN NAMBISAN

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RESPONDENTS:

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1 DIRECTOR OF GENERAL EDUCATION THIRUVANANTHAPURAM – 695 001.

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2 DEPUTY DIRECTOR OF EDUCATION KANNUR, PIN – 670 001.

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3ASSISTANT EDUCATIONAL OFFICER
KANNUR SOUTH, KANNUR, PIN – 670 006.

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SRI. PREMCHAND R. NAIR. SR.GP.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 6618 OF 2021

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T.R.RAVI.J

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-------------------------------------------------------

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WP(C) No.6618 of 2021

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-------------------------------------------------------Dated this the 12^th day of December, 2023

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JUDGMENT

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The petitioner had preferred Ext.P5 appeal before the

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the 2^nd respondent Deputy Director of Education, Kannur. The appeal was filed on 24.02.2021 and it was

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returned on 22.03.2021 directing the petitioner to approach the District Educational Officer. By Ext.P8, the District Educational Officer returned the appeal on 20.04.2021 stating that the appeal is filed beyond time.

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The issue raised in the appeal is regarding the conversion of the post of Part Time Hindi Teacher to Full Time Hindi Teacher. It is seen that none of the

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Educational Authorities have considered the appeal on

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WP(C) NO. 6618 OF 2021

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merits and the petitioner is left without being able to challenge the staff fixation. I am of the opinion that the statutory remedy available shall not be denied on technicalities.

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The writ petition is hence disposed of directing the petitioner to re-present Ext.P5 before the 1^st respondent within two weeks from today. The 1^st respondent shall

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on receipt of Ext.P5, consider and dispose of the same on merits, after hearing the petitioner and the 4^th respondent, at the earliest, at any rate within two months from the date of receipt of a copy of this judgment.

Sd/-

T.R.RAVI JUDGE

WP(C) NO. 6618 OF 2021

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APPENDIX OF WP(C) 6618/2021

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PETITIONER’S EXHIBITS

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`EXHIBIT`	`P1`	`TRUE COPY OF THE APPOINTMENT ORDER DATED` `2.6.1997 ISSUED BY THE PETITIONER.`
`EXHIBIT`	`P2`	`TRUE COPY OF THE ORDER NO.K.DIS.E.6294/02` `DATED 18.12.2002 OF THE 3RD RESPONDENT.`
`EXHIBIT`	`P3`	`TRUE COPY OF THE STAFF FIXATION ORDER` `NO.D.DIS.E/1364/96 DATED 15.07.1996 FOR THE` `ACADEMIC YEAR 1996-97 OF THE 3RD RESPONDENT.`
`EXHIBIT`	`P4`	`TRUE COPY OF THE STAFF FIXATION ORDER` `NO.D.DIS.E/1493/97 DATED 14.07.1997 FOR THE` `ACADEMIC YEAR 1997-98 OF THE 3RD RESPONDENT.`
`EXHIBIT`	`P5`	`TRUE COPY OF THE STATUTORY APPEAL DATED` `24.02.2021 FILED BY THE PETITIONER BEFORE THE` `2ND RESPONDENT.`
`EXHIBIT`	`P6`	`TRUE COPY OF THE ORDER NO.3983/2018/D DATED` `26.11.2018 OF THE 3RD RESPONDENT.`
`Exhibit`	`P7`	`TRUE COPY OF THE ORDER DATED 08-03-2021 OF` `THE 2ND RESPONDENT RETURNING THE APPEAL.`
`Exhibit`	`P8`	`TRUE COPY OF THE REJECTION ORDER DATED 20-04-` `2021 OF THE DISTRICT EDUCATIONAL OFFICER,` `KANNUR.`
RESPOND	ENT’S EX	HIBITS : NIL

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//TRUE COPY// PA TO JUDGE

K.C.Bharathi v. Director of General Education

Case brief

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K.C.Bharathi v. Director of General Education

Case brief

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