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Manager vs State of Kerala

Manager vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 01, 2024
~2 min read
https://sooperkanoon.com/case/1297537

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/6234/2016

Parties & Advocates

Appellant / Petitioner

Manager

Respondent

State of Kerala

Excerpt

.....writ petition (civil) having come up for admission on 01.02.2024, the court on the same day delivered the following:judgmentthe above writ petition is filed with the following prayers:“i) issue a writ of mandamus or any other appropriate writ, direction order or instructions directing the 2nd respondent to consider p3 appeal in the light of judgment in w.p (c) no. any further delay. ii) issue a writ of mandamus or any other appropriate writ, direction order or instructions directing the 3 rd respondent to consider the approval of appointments made by the petitioner and to disburse the salary also, without any further delay. iii) issue such other reliefs as this hon’ble court may deem fit and proper in the facts and circumstances of the case.”2. the main prayer is to issue direction to the 2 ndrespondent to consider ext.p3 appeal. ext.p3 appeal is filed in the year 2015. probably the prayer in this writ petition might have become infructuous. moreover, the service to 4 th respondent is also not complete and there is no representation also for the petitioner. in the light of above facts, this writ petition need not be retained. this writ petition dismissed as infructuous. sd/- p.v.kunhikrishnan judge nak appendix of wp(c) 6234/2016 petitioner annexures true copy of the appeal without annexure ext.p1 true copy of the appointment order dated ext.p2 01/06/2015 true copy of the rejection ord3er of aeo dated 09/10/2015 issued by the 3rd ext.p3 respondent ext.p4 a copy of government order dt. 29.1.2016.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 PETITIONER: MANAGER VANIMEL M.U.P SCHOOL, VANIMEL P.O., BY ADVS. SRI.JIJI THOMAS SMT.SMITHA MATHEW RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 303. 2 DISTRICT EDUCATIONAL OFFICER 3 ASSISTANT EDUCATIONAL OFFICER NADAPURAM, KOZHIKODE - 673 506. 4 AMRUTHA CHITHRA UPSA, VANIMEL M.U.P. SCHOOL, VANIMEL P.O., RIYAL DEVASSY - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The above writ petition is filed with the following prayers:

“I) Issue a Writ of Mandamus or any other appropriate writ, direction order or instructions directing the 2nd respondent to consider P3 appeal in the light of Judgment in W.P (c) No. any further delay. ii) Issue a Writ of Mandamus or any other appropriate writ, direction order or instructions directing the 3 rd respondent to consider the approval of appointments made by the petitioner and to disburse the salary also, without any further delay. iii) Issue such other reliefs as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

2. The main prayer is to issue direction to the 2 nd

respondent to consider Ext.P3 appeal. Ext.P3 appeal is filed in the year 2015. Probably the prayer in this writ petition might have become infructuous. Moreover, the service to 4 th respondent is also not complete and there is no representation also for the petitioner. In the light of above facts, this writ petition need not be retained. This writ petition dismissed as infructuous. Sd/- P.V.KUNHIKRISHNAN JUDGE nak APPENDIX OF WP(C) 6234/2016 PETITIONER ANNEXURES TRUE COPY OF THE APPEAL WITHOUT ANNEXURE EXT.P1 TRUE COPY OF THE APPOINTMENT ORDER DATED EXT.P2 01/06/2015 TRUE COPY OF THE REJECTION ORD3ER OF AEO DATED 09/10/2015 ISSUED BY THE 3RD EXT.P3 RESPONDENT EXT.P4 A COPY OF GOVERNMENT ORDER DT. 29.1.2016.

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