Writ petition seeking quashing of an order rejecting approval of the petitioner's appointment as Lab Assistant. The court held the appointment letter was issued by a person not holding the Manager's post at the time, and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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WPC 11932/2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
WEDNESDAY, THE 10TH DAY OF JULY 2024 / 19TH ASHADHA, 1946
WP(C) NO. 11932 OF 2021
PETITIONER/S:
MANIRAJ T R., AGED 36 YEARS S/O.RAJAGOPAL, RESIDING AT
THODATHIL HOUSE, VALAYANCHIRANGARA, PIN - 683556.
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT,THIRUVANANTHAPURAM - 695001.
2 THE DIRECTOR, HIGHER SECONDARY EDUCATION, THE DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM - 695001.3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, EDAPALLY RAGHAVAN PILLAI ROAD,DEVANKULANGARA, EDAPPALLY, KOCHI - 682024.
4 THE MANAGER HSS, VALAYANCHIRANGARA, PERUMBAVOOR P.O, ERNAKULAM - 683556.BY ADVS. R.T.PRADEEP
SR.GP., SHRI BIMAL K NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.07.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WPC 11932/2021
JUDGMENT
This Writ Petition is filed for quashing Ext.P3 order of
the 3rd respondent, by which the request for approval of the petitioner as Lab Assistant was rejected, on the ground that the Manager, who appointed the petitioner has been removed from
the post of Manager by the Educational Authority.
that the petitioner was not holding the post of the Manager from 25.5.2020 till 5.11.2020, the appointment given to the petitioner as per Ext.P1 (Appointment letter) dated 20.10.2020, is without authority. Therefore, this Writ Petition stands dismissed.
Sd/- BASANT BALAJI, JUDGE
dl/
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WPC 11932/2021
APPENDIX OF WP(C) 11932/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DOCUMENTS ALONG WITH THE APPLICATION FOR APPROVAL MADE BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT.Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 5.2.2021 IN WP(C) NO.2086/2021 OF THIS HON'BLE COURT.Exhibit P3 TRUE COPY OF THE ORDER NO.A3/6500/RDD/HSE/EKM/2020 DATED 21.04.2021 OF THE 3RD RESPONDENT.Exhibit P4 TRUE COPY OF THE ORDER NO.DGE/6935/2019-EC2 DATED 17.11.2019 OF THE ADDL.DIRECTOR GENERAL EDUCATION.Exhibit P5 TRUE COPY OF THE ORDER DATED 09.11.2020 IN WP(C) NO. 24250/2020 OF THIS HON'BLE COURT.Exhibit P6TRUE COPY OF THE ORDER DATED 3.12.2020 IN WP(C)
NO.24250/2020 OF THIS HON'BLE COURT.
1 issue framed by the court
Whether approval of the petitioner's appointment as Lab Assistant could be granted when the appointing Manager had been removed from that post during the relevant period.
Colour shows how this judgement treated each authority
W.P.(C) No.19483 of 2021Relied on¶2
Maniraj T R
State of Kerala represented by its Secretary, General Education Department
The Director, Higher Secondary Education
The Regional Deputy Director of Higher Secondary Education
The Manager HSS, Valayanchirangara
Basant Balaji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court