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Vishnu.B Vs. State of Kerala

Vishnu.B vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 30, 2013
~4 min read
https://sooperkanoon.com/case/1016523

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Citation
Court
Kerala High Court
Judge
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Vishnu.B

Respondent

State of Kerala

Excerpt

.....subsequent to ext.p3, ext.p5 revised staff fixation order was passed and the petitioner sought permission to join duty in the fifth respondent's school. the contention of the petitioner is that instead of permitting him to join duty in fifth respondent's school as h.s.a (physical science), he was posted as cluster co-ordinator at brc, adoor. the further contention of the petitioner is that since a vacancy is now available to accommodate him in the parent school, he is liable w.p.(c).18885/13 2 to be reposted there. raising all such grievances, the petitioner has submitted ext.p8 representation before the third respondent. the same is still pending. i have heard the learned counsel for the petitioner and the learned government pleader. considering the fact that the petitioner has raised all his grievances in ext.p8 before the third respondent and the third respondent is the authority competent to consider such grievances, without making any observation as to the merits of the contentions raised by the petitioner, this writ petition is disposed of with a direction to the third respondent to consider ext.p8 and pass appropriate orders thereon expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. needless to say that before passing orders thereon, the fifth respondent shall also be put on notice. sd/- c.t. ravikumar (judge) spc/ w.p.(c).18885/13 3 c.t. ravikumar, j.w.p.(c).18885/13 4 judgment september,2010

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR TUESDAY, THE 30TH DAY OF JULY 2013 8TH SRAVANA, 1935 WP(C).No. 18885 of 2013 (I) ---------------------------- PETITIONER(S): ------------------ VISHNU.B CLUSTER CO-ORDINATOR, SARVA SIKSHA ABHIYAN (SSA) BRC, ADOOR, PATHANAMTHITTA RESIDING AT GEETHABHAVAN MANNADY P.O, PATHANAMTHITTA DISTRICT. BY ADVS.SMT.K.R.KRISHNAKUMARI SMT.P.V.RADHAMANI RESPONDENT(S): ------------------- 1.STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT THIRUANANTHAPURAM, PIN-695001 2.THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM, PIN-695001 3.THE DEPUTY DIRECTOR OF EDUCATION PATHANAMTHITTA, THIRUVALLA PIN-68”

6. THE MANAGER P.G.M.HIGH SCHOOL FOR BOYS PARAKODE, PATHANAMTHITTA DISTRICT PIN-691 554 R1 TO 4 BY GOVERNMENT PLEADER SMT.LOUSY A. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).18885/13 APPENDIX PETITIONER'S EXHIBITS: P1:TRUE COPY OF THE ORDER NO.SC(2)/16558/2011/DPI/DDIS. DATED 28 5.2011 ISSUED BY THE 2ND RESPONDENT. P2:TRUE COPY OF THE ORDER NO.B6-3980/11 D.DIS.DATED 23 7.2011 ISSUED BY THE 4TH RESPONDENT. P3:TRUE COPY OF THE LETTER NO.72432/A3/2011/G.EDN. DATED 16 5.2012 ISSUED BY THE 1ST RESPONDENT. P4:TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT BEARING ORDER NO.B4-6063/12/D.DIS.DATED 17 9.2012. P5:TRUE COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT BEARING ORDER NO.B6/7415/12/D.DIS. DATED 28 11.2012. P6:TRUE COPYOF THE G.O.(P)NO.185/11/G.EDN.DATED 3 9.2011 ISSUED BY THE 1ST RESPONDENT. P7:TRUE COPY OF THE G.O.(MS)NO.177/2012/G.EDN.DATED 5 6.2012 ISSUED BY THE 1ST RESPONDENT. P8:TRUE COPY OF THE REPRESENTATION DATED 3 5.2013 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P9:TRUE COPY OF THE REPRESENTATION DATED 15 5.2013 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS:NIL //TRUE COPY// P.A.TO JUDGE C.T. RAVIKUMAR, J.

========================== W.P.(C). No.18885 OF 201.========================== Dated this the 30th day of July, 2013 JUDGMENT The petitioner was appointed as High School Assistant (Physical Science) in the fifth respondent's school with effect from 23.8.2007 against a vacancy occurred on account of promotion of one Saramma Joseph (then working as H.S.A.(Physical Science)) as Head Mistress. Subsequently, pursuant to Ext.P2 staff fixation order dated 23.7.2011, the petitioner was retrenched from service with effect from 15.7.2010. Subsequent to Ext.P3, Ext.P5 revised staff fixation order was passed and the petitioner sought permission to join duty in the fifth respondent's school. The contention of the petitioner is that instead of permitting him to join duty in fifth respondent's school as H.S.A (Physical Science), he was posted as Cluster Co-ordinator at BRC, Adoor. The further contention of the petitioner is that since a vacancy is now available to accommodate him in the parent school, he is liable W.P.(C).18885/13 2 to be reposted there. Raising all such grievances, the petitioner has submitted Ext.P8 representation before the third respondent. The same is still pending. I have heard the learned counsel for the petitioner and the learned Government Pleader. Considering the fact that the petitioner has raised all his grievances in Ext.P8 before the third respondent and the third respondent is the authority competent to consider such grievances, without making any observation as to the merits of the contentions raised by the petitioner, this writ petition is disposed of with a direction to the third respondent to consider Ext.P8 and pass appropriate orders thereon expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. Needless to say that before passing orders thereon, the fifth respondent shall also be put on notice. Sd/- C.T. RAVIKUMAR (JUDGE) spc/ W.P.(C).18885/13 3 C.T. RAVIKUMAR, J.

W.P.(C).18885/13 4 JUDGMENT September,2010

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