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The Manager vs State of Kerala

The Manager vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 24, 2022
~3 min read
https://sooperkanoon.com/case/1563882

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/29489/2021

Parties & Advocates

Appellant / Petitioner

The Manager

Respondent

State of Kerala

Excerpt

.....across the bar bysri.brijesh mohan, learned counsel appearing for the petitioner as well as smt.nisha bose, learned senior government pleader, i am of the view that the appeals can be directed to be disposed of by the 4th respondent in a time bound manner.3. accordingly, i direct the 4th respondent to consider andpass appropriate orders on exts.p3 and p6 appeals filed by the first petitioner, as expeditiously as possible, at any rate, within four weeks from the date of receipt of a copy of this judgment, after affording an opportunity of hearing to the petitioners. the writ petition is disposed of accordingly. sd/ bechu kurian thomas judge jm/ appendix of wp(c) 29489/2021 petitioner exhibits exhibit p1 true copy of the appointment order dated 15.07.2021 issued by the 1st petitioner to the 2nd petitioner. exhibit p2 true copy of the order vide no.d/17150/2021 dated 28.08.2021 issued by the 5th respondent. exhibit p3 true copy of the appeal dated 06.09.2021 submitted by the 1st petitioner before the 4th respondent. exhibit p4 true copy of the appointment order dated 15.07.2021 issued by the 1st petitioner to the 3nd petitioner. exhibit p5 true copy of the order no.d/17148/2021 dated 28.08.2021 issued by the 5th respondent. exhibit p6 true copy of the appeal dated 06.09.2021 submitted by the 1st petitioner before the 4th respondent. exhibit p7 true copy of the g.o.(ms) no.3287/2021/g.edn. dated 06.07.2021. exhibit p8 true copy of the undertaking dated 15.07.2021 of the 1st petitioner.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 24TH DAY OF JANUARY 2022 / 4TH MAGHA, 1943 PETITIONER/S:

1 THE MANAGER KOLAKKATTUCHALI ALP SCHOOL, KOLAKKATTUCHALI P. O., CHELEMBRA, MALAPPURAM - 673 634. 2 ATHIRA K. P. LOWER PRIMARY SCHOOL TEACHER, KOLAKKATTUCHALI ALP SCHOOL, KOLAKKATTUCHALI P. O., CHELEMBRA, MALAPPURAM - 673 634. 3 JESAREENA K. P. LOWER PRIMARY SCHOOL TEACHER, KOLAKKATTUCHALI ALP SCHOOL, KOLAKKATTUCHALI P. O., CHELEMBRA, MALAPPURAM - 673 634. BY ADVS. K.JAJU BABU (SR.) M.U.VIJAYALAKSHMI BRIJESH MOHAN

RESPONDENT/S:

1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM - 695 014. 3 THE DEPUTY DIRECTOR OF EDUCATION MALAPPURAM, KOTTAPPADY DOWN HILL, MALAPPURAM - 676 519. 4 THE DISTRICT EDUCATIONAL OFFICER THIRURANGADI, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRURANGADI, MALAPPURAM DISTRICT - 676 306. 5 THE ASSISTANT EDUCATIONAL OFFICER PARAPPANANGADI, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, PARAPPANANGADI, MALAPPURAM DISTRICT - 676 303.

OTHER PRESENT: SR.GP-SMT.NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BECHU KURIAN THOMAS, J.

======================== W.P.(C) No. 29489 of 2021 ------------------------------------------------ Dated this the 24th day of January, 2022

JUDGMENT

The first petitioner is the Manager of the Kolakkattuchali ALP School and petitioners 2 and 3 are LP School Teachers, who are appointed on 15.7.2017 against the additional division vacancy. Approval for the said appointments were rejected by the 5 th respondent. Challenging the rejection of approval, first petitioner preferred appeals before the 4th respondents as per Exts.P3 and P6, which are pending consideration for the last more than four moths.

2. Having regard to the submissions made across the Bar by

Sri.Brijesh Mohan, learned Counsel appearing for the petitioner as well as Smt.Nisha Bose, learned Senior Government Pleader, I am of the view that the appeals can be directed to be disposed of by the 4th respondent in a time bound manner.

3. Accordingly, I direct the 4th respondent to consider and

pass appropriate orders on Exts.P3 and P6 appeals filed by the first petitioner, as expeditiously as possible, at any rate, within four weeks from the date of receipt of a copy of this judgment, after affording an opportunity of hearing to the petitioners. The writ petition is disposed of accordingly. sd/ BECHU KURIAN THOMAS JUDGE jm/ APPENDIX OF WP(C) 29489/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 15.07.2021 ISSUED BY THE 1ST PETITIONER TO THE 2ND PETITIONER. Exhibit P2 TRUE COPY OF THE ORDER VIDE NO.D/17150/2021 DATED 28.08.2021 ISSUED BY THE 5TH RESPONDENT. Exhibit P3 TRUE COPY OF THE APPEAL DATED 06.09.2021 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT. Exhibit P4 TRUE COPY OF THE APPOINTMENT ORDER DATED 15.07.2021 ISSUED BY THE 1ST PETITIONER TO THE 3ND PETITIONER. Exhibit P5 TRUE COPY OF THE ORDER NO.D/17148/2021 DATED 28.08.2021 ISSUED BY THE 5TH RESPONDENT. Exhibit P6 TRUE COPY OF THE APPEAL DATED 06.09.2021 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT. Exhibit P7 TRUE COPY OF THE G.O.(MS) NO.3287/2021/G.EDN. DATED 06.07.2021. Exhibit P8 TRUE COPY OF THE UNDERTAKING DATED 15.07.2021 OF THE 1ST PETITIONER.

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