The Manager vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 31, 2022

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Citation: sooperkanoon.com/1446739
Court: Kerala High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Jan 31, 2022
Case Number: WP(C)/3093/2022

Parties & Advocates

Appellant / Petitioner

The Manager

Respondent

State of Kerala

Excerpt

.....said appointment against which the 1 st petitioner has preferred ext.p5 revision petition under rule 92 of chapter xiv of ker act.2. having regard to the circumstances mentioned in the writ petition, this court is of the view that the writ petition itself can be disposed of with a direction.3. accordingly, there will be a direction to the 1strespondent to consider and pass appropriate orders on ext.p5 as expeditiously as possible, at any rate within a period of four months from the date of receipt of a copy of this judgment, after granting an opportunity of hearing to any one representative of the petitioners. the writ petition is disposed of. sd/- bechu kurian thomas judge lu appendix of wp(c) 3093/2022 petitioner exhibitsexhibit p1 true copy of the appointment orderissued by the manager dated 15.7.2021 exhibit p2 true copy of the order passed by the assistant educational officer, pattambi dated 11.10.2021 exhibit p3 true copy of the affidavit filed by the manager in terms of the governmentorder dated 10.3.2021exhibit p4 true copy of the order dated 14.12.2021 of the district educational officer exhibit p5 true copy of the revision petition filed by the manager dated 24.12.2021 // true copy // pa to judge

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 THE MANAGER AM LOWER PRIMARY SCHOOL, PULASSERI P.O.KOPPAM, PATTAMBI-679 307. 2 SHAKEEB APPAMKANDATHIL, L.P.S.A, AM LOWER PRIMARY SCHOOL, PULASSERI P.O.KOPPAM, PATTAMBI-679 307. BY ADV GEORGE ABRAHAM RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695 014. 3 DISTRICT EDUCATIONAL OFFICER OTTAPPALAM, PALAKKAD-679 101. 4 ASSISTANT EDUCATIONAL OFFICER, PATTAMBI, PALAKKAD DISTRICT-679 303. 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. 3093 of 2022 Dated this the 31st day of January, 2022

JUDGMENT

1st petitioner is the manager of an aided school. When a vacancy arose in the category of LPSA, 1 st petitioner appointed the 2nd petitioner on 15.07.2021. However, the statutory authorities declined to grant approval for the said appointment against which the 1 st petitioner has preferred Ext.P5 revision petition under Rule 92 of Chapter XIV of KER Act.

2. Having regard to the circumstances mentioned in the writ petition, this Court is of the view that the writ petition itself can be disposed of with a direction.

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

respondent to consider and pass appropriate orders on Ext.P5 as expeditiously as possible, at any rate within a period of four months from the date of receipt of a copy of this judgment, after granting an opportunity of hearing to any one representative of the petitioners. The writ petition is disposed of. Sd/- BECHU KURIAN THOMAS JUDGE LU APPENDIX OF WP(C) 3093/2022 PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER

ISSUED BY THE MANAGER DATED 15.7.2021 EXHIBIT P2 TRUE COPY OF THE ORDER PASSED BY THE ASSISTANT EDUCATIONAL OFFICER, PATTAMBI DATED 11.10.2021 EXHIBIT P3 TRUE COPY OF THE AFFIDAVIT FILED BY THE MANAGER IN TERMS OF THE GOVERNMENT

ORDER DATED 10.3.2021

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 14.12.2021 OF THE DISTRICT EDUCATIONAL OFFICER EXHIBIT P5 TRUE COPY OF THE REVISION PETITION FILED BY THE MANAGER DATED 24.12.2021 // True Copy // PA To Judge

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