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Vaishnav B. vs State of Kerala

Vaishnav B. vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 31, 2022
~4 min read
https://sooperkanoon.com/case/1446713

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/3070/2022

Parties & Advocates

Appellant / Petitioner

Vaishnav B.

Respondent

State of Kerala

Excerpt

.....no.4/2021/g.edn. dated 06.02.2021. petitioners contend that despite the declarations submitted by the manager the approval has been declined. challenging the rejection of approval, petitioners have filed a consolidated revision petition under rule 92 of chapter 14a of ker act before the 1st respondent, a copy of which is produced as ext.p18.2. having regard to the circumstances of the case, the writ petition can be disposed of directing a speedy disposal of ext.p18.3. accordingly, there will be a direction to the 1 strespondent to consider and pass appropriate orders on ext.p18 as expeditiously as possible, at any rate within a period of four months from the date of receipt of a copy of the judgment, after granting an opportunity of hearing to any one representative of the petitioners and also to the 4 th respondent in this writ petition. the writ petition is disposed of. sd/- bechu kurian thomas judge lu appendix of wp(c) 3070/2022 petitioner exhibits exhibit p1 true copy of the g o (p) no.4/2021/g.edn dated 06.02.2021 of the government. exhibit p2 true copy of the declaration of the manager dated 28.03.2021. exhibit p3 true copy of the appointment order of the 1st petitioner dated 16.07.2021. exhibit p4 true copy of the order no.c/15084/2021exhibit p5 true copy of the orderno.b1/194943/2021 dated 03.12.2021 of exhibit p6 true copy of the appointment order of the 2nd petitioner dated 19.07.2021. exhibit p7 true copy of the order no.c/15085/2021exhibit p8 true copy of the orderno.b1/194942/2021 dated 03.12.2021 of exhibit p9 true copy of the appointment order of the 3rd petitioner dated 22.07.2021. exhibit p10 true copy of the order no.c/15782/2021exhibit p11 true copy of the orderno.b1/194940/2021 dated 03.12.2021 of exhibit p12 true copy of the appointment order of the 4th petitioner dated 23.07.2021. exhibit p13 true copy of the order no.c/15781/2021 daed 22.08.2021m of the aeo, kondotty.exhibit p14 true copy of the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 31ST DAY OF JANUARY 2022 / 11TH MAGHA, 1943 PETITIONER/S: 1 VAISHNAV B. AGED 22 YEARS MALAPPURAM DISTRICT (RESIDING AT DIVYA JYOTHI, P O MUTHUVALLUR, KONDOTTY-673638, MALAPPURAM DISTRICT). 2 MOHAMMED HISHAM K P. MALAPPURAM DISTRICT (RESIDING AT KARIYHAM KANDAM HOUSE, P O MUTHUVALLUR, KONDOTTY-673638, MALAPPURAM DISTRICT). 3 PRABITHA K K. MALAPPURAM DISTRICT (RESIDING AT PUTHIYODATH HOUSE, MUNDAMPULAM P O , KONDOTT, MALAPPURAM DISTRICT-673638). 4 NITHIN K. MALAPPURAM DISTRICT (RESIDING AT KRIPA HOUSE, P O MUTHUVALLUR, KONDOTTY-673638, MALAPPURAM DISTRICT) 5 ASLAMIYYA P. MALAPPURAM DISTRICT ( RESIDING AT CHOLAYIL HOUSE, VALILAPUZHA, P O VAZHAKKAD, MALAPPURAM DISTRICT-673640). BY ADVS. V.A.MUHAMMED M.SAJJAD RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM-695001. 2 THE DISTRICT EDUCATIONAL OFFICER B2-BLOCK, CIVIL STATION, MALAPPURAM-673505. 3 THE ASSISTANT EDUCATIONAL OFFICER KONDOTTY, MALAPPURAM DISTRICT-673638. 4 THE MANAGER NEERAD AIDED MAPPILA LOWER PRIMARY SCHOOL, P O, MUTHUVALLUR, KONDOTTY-673638, MALAPPURAM DISTRICT. 5 THE HEADMASTER NEERAD AIDED MAPPILA LOWER PRIMARY SCHOOL, P O, MUTHUVALLUR, KONDOTTY-673638, MALAPPURAM DISTRICT. OTHER PRESENT: SMT.NISHA BOSE-SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BECHU KURIAN THOMAS, J.

======================== W.P.(C) No. 3070 of 2022 ======================== Dated this the 31st day of January, 2022

JUDGMENT

Petitioners were appointed as LPST's on different dates in July 2021. Their appointments were refused to be approved by the statutory authorities stating that the teachers were appointed to the posts set apart for protected teachers. Petitioners contend that the Manager had, in fact, tendered the declarations contemplated under G.O(P) No.4/2021/G.Edn. Dated 06.02.2021. Petitioners contend that despite the declarations submitted by the Manager the approval has been declined. Challenging the rejection of approval, petitioners have filed a consolidated revision petition under Rule 92 of Chapter 14A of KER Act before the 1st respondent, a copy of which is produced as Ext.P18.

2. Having regard to the circumstances of the case, the writ petition can be disposed of directing a speedy disposal of Ext.P18.

3. Accordingly, there will be a direction to the 1 st

respondent to consider and pass appropriate orders on Ext.P18 as expeditiously as possible, at any rate within a period of four months from the date of receipt of a copy of the judgment, after granting an opportunity of hearing to any one representative of the petitioners and also to the 4 th respondent in this writ petition. The writ petition is disposed of. Sd/- BECHU KURIAN THOMAS JUDGE LU APPENDIX OF WP(C) 3070/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE G O (P) NO.4/2021/G.EDN DATED 06.02.2021 OF THE GOVERNMENT. EXHIBIT P2 TRUE COPY OF THE DECLARATION OF THE MANAGER DATED 28.03.2021. EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 16.07.2021. EXHIBIT P4 TRUE COPY OF THE ORDER NO.C/15084/2021

EXHIBIT P5 TRUE COPY OF THE ORDER

NO.B1/194943/2021 DATED 03.12.2021 OF EXHIBIT P6 TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 19.07.2021. EXHIBIT P7 TRUE COPY OF THE ORDER NO.C/15085/2021

EXHIBIT P8 TRUE COPY OF THE ORDER

NO.B1/194942/2021 DATED 03.12.2021 OF EXHIBIT P9 TRUE COPY OF THE APPOINTMENT ORDER OF THE 3RD PETITIONER DATED 22.07.2021. EXHIBIT P10 TRUE COPY OF THE ORDER NO.C/15782/2021

EXHIBIT P11 TRUE COPY OF THE ORDER

NO.B1/194940/2021 DATED 03.12.2021 OF EXHIBIT P12 TRUE COPY OF THE APPOINTMENT ORDER OF THE 4TH PETITIONER DATED 23.07.2021. EXHIBIT P13 TRUE COPY OF THE ORDER NO.C/15781/2021 DAED 22.08.2021M OF THE AEO, KONDOTTY.

EXHIBIT P14 TRUE COPY OF THE ORDER

NO.B1/194941/2021 DATED 03.12.2021 OF EXHIBIT P15 TRUE COPY OF THE APPOINTMENT ORDER OF THE 5TH PETITIONER DATED 26.07.2021. EXHIBIT P16 TRUE COPY OF THE ORDER NO.C/15783/2021

EXHIBIT P17 TRUE COPY OF THE ORDER

NO.B1/194939/2021 DATED 03.12.2021 OF EXHIBIT P18 TRUE COPY OF THE CONSOLIDATED REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 23.12.2021 (WITHOUT EXHIBITS). // True Copy // PA To Judge

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Same Court & Year Kerala · 2022 Same Parties Vaishnav B. vs State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas

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