Kerala High Court
The Am Upper Primary School vs The State Of Kerala Represented By Its ... on 1 July, 2020
Equivalent citations: AIRONLINE 2020 KER 391
Author: C.S.Dias
Bench: C.S.Dias
1
WPC 13125 OF 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 01ST DAY OF JULY 2020 / 10TH ASHADHA, 1942
WP(C).No.13125 OF 2020(M)
PETITIONER/S:
The AM Upper Primary School, Kooriyad, Indianoor,
Malappuram District - 676 503 Represented by its Manager.
BY ADV. SRI.V.A.MUHAMMED
RESPONDENT/S:
1.The State of Kerala represented by its Secretary to Government,
General Education Department, Secretariat Annexe - II,
Thiruvananthapuram - 695 001.
2.The Director of General Education, Jagathy, Thiruvananthapuram - 695 014.
3. The Deputy Director of Education, Down Hill, Malappuram District - 676 505.
4. The District Educational Officer, Malappuram - 676 505.
5.The Assistant Educational Officer, Malappuram - 676 505.
6.The Headmaster, AM Upper Primary School, Kooriyad, Indianoor,
Malappuram District - 676 503.
7. Smt. V. Benaseera, Upper Primary School Assistant,
AM Upper Primary School, Kooriyad, Indianoor,
Malappuram District - 676 503.
8. Sri. P. Jithin,Lower Primary School Assistant,
AM Upper Primary School, Kooriyad, Indianoor,
Malappuram District - 676 503.
9. Smt. Shymol Dominic,Upper Primary School Assistant,
AM Upper Primary School, Kooriyad, Indianoor,
Malappuram District - 676 503.
SMT.NISHA BOSE -SENIOR GOVERNMETN PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.07.2020, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
WPC 13125 OF 2020
C.S.DIAS, J.
======================
WP(C) No.13125 of 2020
======================
Dated this the 1st day of July, 2020.
JUDGMENT
The petitioner had appointed respondents 7,8 and 9 against additional posts in the school from 1.6.2010.
2. It is the case of the petitioner that it so happened that the fifth respondent issued Ext P5 for approving the appointments of the respondents 7 to 9, insisting the liability to effect equal number of appointments of protected Teachers in the ensuing vacancies. The petitioner had effected two more appointments as per Exts P6 and P7, which were against retirement vacancies.
3. According to the petitioner, the appointments covered by Exts P6 and P7 are liable to be approved in view of Ext P8 amendment made to the Kerala Education Rules. Though the appointments are to be approved by the fifth respondent, the same are pending consideration for more than a year. Thus, the petitioner has preferred Ext P10 3 WPC 13125 OF 2020 revision petition before the first respondent seeking for an expeditious consideration of the appointments. The petitioner relies on the decision of this Court in Nadeera T.S and another vs State of Kerala and others [2011 (3) KHC 650].
4. Heard the learned counsel for the petitioner and the learned Senior Government Pleader appearing for the respondents 1 to 5. In view of the limited relief that I propose to pass, I dispense with notice to the respondents 6 to 9.
5. The learned counsel for the petitioner reiterated the contentions pleaded in the writ petition. He prayed that the first respondent may be directed to consider and dispose of Ext P10 revision petition within a time frame. The learned Senior Government Pleader did not object to the above prayer.
6. Considering the averments pleaded in the writ petition and after hearing the learned counsel appearing for the petitioner and the learned Senior Government Pleader appearing for the respondents 1 to 5, and also taking into consideration the fact that Ext P10 revision petition is pending consideration before the first respondent, without expressing anything on the merits of the dispute, I deem it 4 WPC 13125 OF 2020 appropriate to direct the first respondent to consider and dispose of Ext P10 revision petition, in accordance with law, within a period of three months from the date of receipt of a copy of this judgment after affording the petitioner and the respondents 6 to 9 or their respective representative an opportunity of being heard. The petitioner is at liberty to produce a copy of this judgment along with a copy of the memorandum of writ petition before the first respondent.
This writ petition is ordered accordingly.
Sd/-
C.S.DIAS
SKS/1.7.2020 JUDGE
5
WPC 13125 OF 2020
APPE N D I X
PETITIONER'S EXHIBITS:-
Exhibit P-1 True copy of the appointment order of the the 7th Respondent dated 01.06.2010 Exhibit P-2 True copy of the appointment order of the 8th Respondent dated 01.06.2010 Exhibit P-3 True copy of the appointment order of the 9th Respondent dated 01.06.2020 Exhibit P-4 True copy of the Judgment in Nadeera T. S. and another v. State of Kerala and Others [2011 (3) KHC 650] Exhibit P-5 True copy of the Order No.K.Dis. C/6022/2018 dated 02.05.2019 Exhibit P-6 True copy of the appointment order dated 06.06.2019 of Smt. Nidhin M. Exhibit P-7 True copy of the appointment order dated 06.06.2019 of Smt. Rahmathunneesa P. Exhibit P-8 True copy of the amendment made to the KER in Chapter XXI, Rule 7 KER, vide G.O.(P) No.3/2019/G.Edn. dated 28.02.2019 Exhibit P-9 True copy of the Circular No.J2/57/2019/G.Edn. dated 08.03.2019 Exhibit P-10 True copy of the Revision Petition dated 09.06.2020 filed by the Petitioner before the Government (without Exhibits) 6 WPC 13125 OF 2020