Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI WEDNESDAY, THE 1ST DAY OF NOVEMBER 2023 / 10TH KARTHIKA, 1945 WP(C) NO. 35674 OF 2023 PETITIONER: SIMY FRANCIS K AGED 38 YEARS W/O. SHANOJ.A. JOY WORKING AS : LOWER PRIMARY SCHOOL TEACHER, AIDED JUNIOR BASIC SCHOOL, V. N. PURAM, PALAKKAD RESIDING AT, ARAKKAL HOUSE, PALAPURAM P.O, OTTAPPALAM, PIN - 679103 BY ADVS. RAJESH O.N. N.ANAND RESPONDENTS: 1 STATE OF KERALA DEPARTMENT OF GENERAL EDUCATION SECRETARIAT, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY, PIN - 2 THE DEPUTY DIRECTOR OF EDUCATION CIVIL STATION PALAKKAD, PIN - 678001 3 THE DISTRICT EDUCATIONAL OFFICER CIVIL STATION, PALAKKAD, PIN - 678001 4 ASSISTANT EDUCATIONAL OFFICER KOPPAM PALAKKAD, PIN - 678001 SRI. PREMCHAND R. NAIR. SR.GP. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 35674 OF 2023 2
T.R. RAVI, J.
-------------------------------------------- W.P.(C)No.35674 of 2023 -------------------------------------------- Dated this the 1st day of November, 2023
JUDGMENT
Admit. Government Pleader takes notice for respondents.
2. By Ext.P8, while considering the declaration of
probation, the Government excluded the period of service when the petitioner was posted as cluster co-ordinator. In Ext.P6 issued in the case of similarly situated teacher, the probation was declared including such service. The petitioner has preferred Ext.P9 before the Government seeking review of Ext.P8 order in view of Ext.P6. The petitioner seeks early disposal of Ext.P9. In view of the limited prayer made, the writ petition is disposed of directing the 1st respondent to consider and pass orders on Ext.P9 review petition with due regard to Ext.P6, after hearing the petitioner at the earliest, at any rate, within WP(C) NO. 35674 OF 2023 3 a period of three months from the date of receipt of a copy of this judgment. Sd/- T.R.RAVI JUDGE LEK WP(C) NO. 35674 OF 2023 4 APPENDIX OF WP(C) 35674/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE WORK AND CONDUCT CERTIFICATE DATED 04.11.2019 ISSUED BY RESPONDENT NO. 5 Exhibit P2 A TRUE COPY OF THE ORDER DATED 23.08.2018 ISSUED BY RESPONDENT NO.1 IN NO. GO(P) NO. 119/2018/G.EDN Exhibit P3 A TRUE COPY OF THE ORDER ISSUED BY RESPONDENT NO.4 IN NO. B/3889/2018 DATED 29.01.2019 Exhibit P4 A TRUE COPY OF THE COMMUNICATION DATED 17.06.2020 FORWARDED BY RESPONDENT NO. 4 TO RESPONDENT NO. 2 IN NO. B/1049/2020 Exhibit P5 A TRUE COPY OF THE COMMUNICATION DATED 04.06.2020 ISSUED BY RESPONDENT NO. 2 ISSUED TO THE PETITIONER Exhibit P5(a) A TRUE COPY OF THE JUDGMENT DATED 23.02.2022 PASSED BY THIS HON'BLE COURT IN WP(C) NO. 6156/2022 Exhibit P6 A TRUE COPY OF THE ORDER DATED 27.07.2021 PASSED BY THE RESPONDENT NO.1 IN NO. GO(RT). NO. 3481/2021/G.EDN Exhibit P7 A TRUE COPY OF THE ORDER DATED 09.09.2021 ISSUED BY THE ASSISTANT EDUCATIONAL OFFICER, MALA IN ORDER NO. C- Exhibit P8 A TRUE COPY OF THE ORDER DATED 04.12.2022 PASSED BY RESPONDENT NO.1 IN GO(RT) NO. WP(C) NO. 35674 OF 2023 5 Exhibit P9 A TRUE COPY OF THE REPRESENTATION DATED 29.09.2023 PREFERRED BY THE PETITIONER BEFORE RESPONDENT NO.1 Exhibit P10 A TRUE COPY OF THE RELEVANT PORTION OF THE FILE MOVEMENT REGISTER