T.Unnikrisnan Vs. the State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1016902
CourtKerala High Court
Decided OnJul-23-2013
JudgeHONOURABLE MR.JUSTICE C.T.RAVIKUMAR
AppellantT.Unnikrisnan
RespondentThe State of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice c.t.ravikumar tuesday, the 23rd day of july 2013 1st sravana, 1935 wp(c).no. 18312 of 2013 (l) ---------------------------- petitioner(s): -------------------------- t.unnikrisnan, son of balakrishna varrier, aged 4 years headmaster, chengalayi aided upper primary school p.o.chengalayi, kannur ”631. by advs.sri.v.a.muhammed sri.k.e.hamza respondent(s): ---------------------------- 1. the state of kerala, rep. by its secretary to government general education department, secretariat thiruvananthapuram ”001. 2. the director of public instructions jagathy, thiruvananthapuram ”014. 3. the deputy director of education, kannur, kannur district ”001. 4. the district educational officer, kannur, kannur district ”001. 5. the assistant educational officer, irikkur, kannur district ”593. 6. the manager, chengalayi aided upper primary school p.o.chengalayi, kannur ”631. 7. smt.p.p.hemaletha, upper primary school assistant chengalayi aided upper primary school p.o.chengalayi, kannur ”631. by government pleader smt.a.lowsy this writ petition (civil) having come up for admission on 23-07-2013, the court on the same day delivered the following: wp(c).no. 18312 of 2013 (l) ---------------------------- appendix petitioner(s)' exhibits ------------------------------------- ext.p1: true copy of the appointment order dated 15 07/1982. ext.p2: tuue copy of the relevant pages service book of the petitioner. ext.p3: true copy of the seniority list as on 1/6/1998. ext.p4: true copy of the staff list for the year 2007 ext.p5: true copy of the staff list for the year 2010 ext.p6: true copy of the appointment order of the petitioner dated 30 04/2013. ext.p7: true copy of the order no.k.dis.d/3228/13 dated 26 06/2013 issued by the 5th respondent. ext.p8: true copy of the g.o.(rt.)no.1816/11/g.edn. dated 18 05/2011 of the government. ext.p9: true copy of the letter no.42120/j3/91 e.edn. dated 06 06/1992 of the government. ext.p10: true copy of the g.o.(ms.) no.170/78/ g.edn. dated 07 12/1978 of the government. ext.p11: true copy of the revision petition filed before the district educational officer dated 6 7/2013 ext.p12: true copy of the g.o.(ms.)no.28/90/g.edn. dated 16 02/1990 of the government. respondent(s)' exhibits: nil. //true copy// p.a. to judge. dlk c.t.ravikumar, j --------------------------------------- w.p.(c) no. 18312 of 2013 ---------------------------------------- dated this the 23nd day of july, 2013 judgment while working as an assistant teacher in the 6th respondent school, the petitioner was promoted as headmaster. the order of the appointment of the petitioner was declined to be approved by the 5th respondent as per ext.p7 order. aggrieved by ext.p7 order, the petitioner preferred ext.p11 revision petition before the 4th respondent. the limited prayer of the petitioner is for a direction to the 4th respondent to consider and pass appropriate orders on ext.p11 revision petition. i have heard the learned counsel appearing for the petitioner and also the learned government pleader. in view of the order i propose to pass in this writ petition, i am of the view that notice need not be issued to the respondents 6 and 7 in this proceedings. considering the limited prayer made on behalf of the petitioner, i am inclined to dispose of this writ petition with a direction to the 4th respondent to consider and pass appropriate orders on ext.p11 revision petition expeditiously, at any rate, w.p.(c) no. 18312 o”2. within a period of two months from the date of receipt of a copy of this judgment, ordered accordingly. needless to say that before passing orders on ext.p11 the respondents 6 and 7 shall also be put on notice. sd/- c.t.ravikumar,judge. dlk
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR TUESDAY, THE 23RD DAY OF JULY 2013 1ST SRAVANA, 1935 WP(C).No. 18312 of 2013 (L) ---------------------------- PETITIONER(S): -------------------------- T.UNNIKRISNAN, SON OF BALAKRISHNA VARRIER, AGED 4 YEARS HEADMASTER, CHENGALAYI AIDED UPPER PRIMARY SCHOOL P.O.CHENGALAYI, KANNUR ”

631. BY ADVS.SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM ”

001.

2. THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM ”

014.

3. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR, KANNUR DISTRICT ”

001.

4. THE DISTRICT EDUCATIONAL OFFICER, KANNUR, KANNUR DISTRICT ”

001.

5. THE ASSISTANT EDUCATIONAL OFFICER, IRIKKUR, KANNUR DISTRICT ”

593.

6. THE MANAGER, CHENGALAYI AIDED UPPER PRIMARY SCHOOL P.O.CHENGALAYI, KANNUR ”

631.

7. SMT.P.P.HEMALETHA, UPPER PRIMARY SCHOOL ASSISTANT CHENGALAYI AIDED UPPER PRIMARY SCHOOL P.O.CHENGALAYI, KANNUR ”

631. BY GOVERNMENT PLEADER SMT.A.LOWSY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18312 of 2013 (L) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1: TRUE COPY OF THE APPOINTMENT ORDER DATED 15 07/1982. EXT.P2: TUUE COPY OF THE RELEVANT PAGES SERVICE BOOK OF THE PETITIONER. EXT.P3: TRUE COPY OF THE SENIORITY LIST AS ON 1/6/1998. EXT.P4: TRUE COPY OF THE STAFF LIST FOR THE YEAR 2007 EXT.P5: TRUE COPY OF THE STAFF LIST FOR THE YEAR 2010 EXT.P6: TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 30 04/2013. EXT.P7: TRUE COPY OF THE ORDER NO.K.DIS.D/3228/13 DATED 26 06/2013 ISSUED BY THE 5TH RESPONDENT. EXT.P8: TRUE COPY OF THE G.O.(RT.)NO.1816/11/G.EDN. DATED 18 05/2011 OF THE GOVERNMENT. EXT.P9: TRUE COPY OF THE LETTER NO.42120/J3/91 E.EDN. DATED 06 06/1992 OF THE GOVERNMENT. EXT.P10: TRUE COPY OF THE G.O.(MS.) NO.170/78/ G.EDN. DATED 07 12/1978 OF THE GOVERNMENT. EXT.P11: TRUE COPY OF THE REVISION PETITION FILED BEFORE THE DISTRICT EDUCATIONAL OFFICER DATED 6 7/2013 EXT.P12: TRUE COPY OF THE G.O.(MS.)NO.28/90/G.EDN. DATED 16 02/1990 OF THE GOVERNMENT. RESPONDENT(S)' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. dlk C.T.RAVIKUMAR, J --------------------------------------- W.P.(C) No. 18312 of 2013 ---------------------------------------- Dated this the 23nd day of July, 2013 JUDGMENT While working as an Assistant Teacher in the 6th respondent school, the petitioner was promoted as Headmaster. The order of the appointment of the petitioner was declined to be approved by the 5th respondent as per Ext.P7 order. Aggrieved by Ext.P7 order, the petitioner preferred Ext.P11 revision petition before the 4th respondent. The limited prayer of the petitioner is for a direction to the 4th respondent to consider and pass appropriate orders on Ext.P11 revision petition. I have heard the learned counsel appearing for the petitioner and also the learned Government Pleader. In view of the order I propose to pass in this writ petition, I am of the view that notice need not be issued to the respondents 6 and 7 in this proceedings. Considering the limited prayer made on behalf of the petitioner, I am inclined to dispose of this writ petition with a direction to the 4th respondent to consider and pass appropriate orders on Ext.P11 revision petition expeditiously, at any rate, W.P.(C) No. 18312 o”

2. within a period of two months from the date of receipt of a copy of this judgment, Ordered accordingly. Needless to say that before passing orders on Ext.P11 the respondents 6 and 7 shall also be put on notice. Sd/- C.T.RAVIKUMAR,JUDGE. dlk