Kerala High Court
The Manager (H.E Muhammed Babu Sait) vs State Of Kerala on 12 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
WP(C) NO. 20953 OF 2024
PETITIONER/S:
1 THE MANAGER (H.E MUHAMMED BABU SAIT),
AGED 72 YEARS
S/O HAJI ESSA HAJI ABDUL SATHAR SAIT, DARUL ULOOM
VOCATIONAL HIGHER SECONDARY SCHOOL AND HIGHER
SECONDARY SCHOOL, PULLEPADY ERNAKULAM, PIN -
682018
2 THE HEADMASTER/ VICE PRINCIPAL
AGED 38 YEARS
DARUL ULOOM VOCATIONAL HIGHER SECONDARY SCHOOL AND
HIGHER SECONDARY SCHOOL, PULLEPADY ERNAKULAM, PIN
- 682018
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM, PIN -
695001
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION
CIVIL STATION @ KAKKANAD ERNAKULAM, PIN - 682030
4 THE DISTRICT EDUCATIONAL OFFICER
MARINE DRIVE, ERNAKULAM, PIN - 682011
ADV NISHA BOSE-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.C No. 20953 of 2024
2
JUDGMENT
The petitioner is the Manager of an aided school and this writ petition is submitted by the petitioner being aggrieved by the revision of staff fixation order for the academic year 2023-2024 on the basis of an inspection conducted by the Super Check Cell. As against the order, by which the staff fixation order is sought to be revised, the petitioner submitted Ext.P8 revision petition before the 1st respondent which is now pending consideration. The limited prayer sought by the petitioner is to direct the 1 st respondent to take a decision thereon within a time frame.
After hearing the learned counsel for the petitioner and the learned Government Pleader, I am inclined to dispose of this writ petition. Accordingly, it is ordered that the 1 st respondent shall take up Ext.P8 revision petition and pass appropriate orders thereon in accordance with law, after hearing the petitioner. The orders in this regard shall be passed within a period of four months from the date of receipt of a copy of this judgment. It is further clarified that, until a decision is taken as per Ext.P8, the W.P.C No. 20953 of 2024 3 coercive proceedings, if any, initiated against the petitioner in terms of Ext.P7, shall be kept in abeyance.
Sd/-
ZIYAD RAHMAN A.A. JUDGE rpk W.P.C No. 20953 of 2024 4 APPENDIX OF WP(C) 20953/2024 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE STAFF FIXATION ORDER NO.
D.DIS. B2/61064/2023 DATED 22.08.2023 ISSUED BY THE 4TH RESPONDENT Exhibit P-2 TRUE COPY OF THE ENTRIES MADE IN THE VISIT BOOK Exhibit P-3 TRUE COPY OF THE SHOW CAUSE NO.
SC2/1788209/2023/ DGE DATED 06.03.2024 ISSUED BY THE 2ND RESPONDENT Exhibit P-4 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE MANAGER DATED 15.03.2024 Exhibit P-5 TRUE COPY OF THE HEARING NOTICE NO.
SC2/1788209/2023/ DGE DATED 27.04.2024 Exhibit P-6 TRUE COPY OF THE HEARING NOTE SUBMITTED BY THE MANAGER BEFORE THE 2ND RESPONDENT Exhibit P-7 TRUE COPY OF THE ORDER NO. NO.
SC(2)/1788209/2023/ DGE DATED 17.05.2024 BY THE 2ND RESPONDENT Exhibit P-8 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE MANAGER BEFORE THE GOVERNMENT Exhibit P-9 TRUE COPY OF THE UID OF MUHAMMED FIROJ Exhibit P-10 TRUE COPY OF THE DECISION REPORTED IN 1975 (1) KER. 496 IN NALINA KUMARI V. STATE OF KERALA Exhibit P-11 TRUE COPY OF THE ORDER NO.DDEEKM/ 9826/2023 DATED 21.11.2023 BY THE 4TH RESPONDENT