Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI FRIDAY, THE 31ST DAY OF JANUARY 2020 / 11TH MAGHA, 1941 WP(C).No.2776 OF 2020(V) PETITIONER/S: THE CORPORATE MANAGER MALABAR INDEPENDENT SYRIAN CHURCH EDUCATION SOCIETY, P.O. THOZHIYOOR 680 520, THRISSUR. BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT/S: 1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCTION DEPARTMENT, SECRETARIAT, ANNEX II, THIRUVANANTHAPURAM 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM 695 014. 3 THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR AT AYYANTHOLE 680 003. 4 THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT 680 506. 5 THE ASSISTANT EDUCATIONAL OFFICER, KUNNAMKULAM, THRISSUR DISTRICT 680 503. 6 THE ASSISTANT EDUCATIONAL OFFICER, THRITHALA, PALAKKAD DISTRICT 679 534. 7 THE HEADMASTER, M.K M U P SCHOOL, PORKULAM, KUNNAMKULAM, THRISSUR DISTRICT 680 542. 8 THE HEADMASTER, S C U P SCHOOL, CHALISSERY, THRITHALA, PALAKKAD DISTRICT 679 536. 9 SMT. MEGANA K.V., LPSA, MKM UPS, PORKULAM, KUNNAMKULAM, THRISSUR DISTRICT 680 542.
10 SMT. PREETHI M. CHERIYAN, UPSA (UNAPPROVED), M K U P SCHOOL, PORKULAM, KUNNAMKULAM, THRISSUR DISTRICT 680 542. SR GP P.M. MANOJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 31st day of January 2020 Heard Adv.V.A Muhamed for the petitioner and Sri.P.M Manoj the learned Senior Government Pleader for respondents 1 to 6.
2. The petitioner prays for the following reliefs:-
"i) Call for the records relating to Exhibits P3 (a), P5, P8, P9, P10 and P11 and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order. ii) Issue as writ of mandamus or other appropriate writ, order or direction commanding the 5 th and 6th respondents to ratify the proceedings of the Manager dated 30.07.2019 and approve the appointment of Smt.Megana K.V as LPSA with effect from 01.06.2015 at MKM UPS, Porkulam. iii) Issue a writ of mandamus or other appropriate writ order or direction commanding the 1 st respondent to effectively consider and pass appropriate orders upon Exhibit P12 after affording an opportunity of being heard to the petitioner within a time limit.”
3. Admittedly, the petitioner has filed Ext.P12 revision before the first respondent substantially for the same reliefs and for the same grounds stated in the writ petition.
4. Adv.V.A Muhamed prays for expeditious consideration and disposal of Ext.P12 by the first respondent.
5. Sri.P.M Manoj, learned Senior Government Pleader
does not oppose the limited prayer. Hence, the writ petition stands disposed of by this judgment:- a) The petitioner files a copy of this judgment along with Ext.P12 before the first respondent within one week from today. b) The first respondent by affording an opportunity of hearing to all affected parties in this behalf and considers disposing of Ext.P12, as expeditiously as possible, preferably within three months from today. Sd/- S.V.BHATTI JUDGE JS APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF SMT. MEGANA K.V. AND APPROVAL THEREON. EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS NO. J. MANAGER. EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER OF SMT. MEGANA K. V. DATED 10.10.2014. EXHIBIT P3 A TRUE COPY OF THE ORDER NO. B- AEO, KUNNAMKULAM.
EXHIBIT P3 B TRUE COPY OF THE STAFF FIXATION ORDER
NO. D.DIS, B-3945/2014 DATED 14.07.2014 OF THE AEO, KUNNAMKULAM. EXHIBIT P4 TRUE COPY OF THE G.O. (RT) NO. GOVERNMENT. EXHIBIT P5 TRUE COPY OF THE ORDER NO. F2/84411/2018/DPI/K. DIS DATED 14.02.2019 OF THE ADDITIONAL DIRECTOR (ACADEMIC). EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS OF THE MANAGER, DATED 30.07.2019 EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN WPC NO. HONBLE COURT. EXHIBIT P8 TRUE COPY OF THE ORDER NO. B- AEO, KUNNAMKULAM. EXHIBIT P9 TRUE COPY OF THE ORDER NO. B/K.DIS DATED 01.01.2020 OF THE AEO, KUNNAMKULAM. EXHIBIT P10 TRUE COPY OF THE ORDER NO. D/2428/2019/K.DIS DATED 16.08.2019 OF THEA EO, THRITHALA. EXHIBIT P11 TRUE COPY OF THE ORDER NO. D/3191/2019/ K. DIS DATED 03.12.2019 OF THE AEO, THRITHALA. EXHIBIT P12 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 11.01.2020. EXHIBIT P13 TRUE COPY OF THE VERIFICATION REPORT
ISSUED BY THE SENIOR ACCOUNTS OFFICER ATTACHED TO THE OFFICE OF THE ACCOUNTANT GENERAL OF SMT. USHA MARY.