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Kerala High Court

The Manager vs The State Of Kerala Represented By Its ... on 5 September, 2012

Author: C.T.Ravikumar

Bench: C.T.Ravikumar

       

  

  

 
 
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT:

               THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

     THURSDAY, THE 12TH DAY OF SEPTEMBER 2013/21ST BHADRA, 1935

                      WP(C).No. 23127 of 2013 (M)
                        ----------------------------
PETITIONERS:

   1. THE MANAGER,
      MOULANA MOHAMED KUTTY MEMORIAL HIGHER SECONDARY SCHOOL,
      P.O.KUTTAYI-676 562, MALAPPURAM DISTRICT.

   2. A.P.THAJUDEEN
       HIGHER SECONDARY SCHOOL TEACHER (ENGLISH)(JUNIOR)
       MOULANA MOHAMED KUTTY MEMORIAL HIGHER SECONDARY SCHOOL
       P.O.KUTTAYI-676 562, MALAPPURAM DISTRICT.

      3. RACHANA.K.V
       HIGHER SECONDARY SCHOOL TEACHER
       (COMPUTER APPLICATION)(JUNIOR)
       MOULANA MOHAMED KUTTY MEMORIAL HIGHER SECONDARY SCHOOL
       P.O.KUTTAYI-676 562, MALAPPURAM DISTRICT.

      4. VIDYA VELAYUDHAN
       HIGHER SECONDARY SCHOOL TEACHER (COMMERCE)
       MOULANA MOHAMED KUTTY MEMORIAL HIGHER SECONDARY SCHOOL
       P.O.KUTTAYI-676 562, MALAPPURAM DISTRICT.

      5. A.C.VRINDA, HIGHER SECONDARY SCHOOL TEACHER (ECONOMICS)
       MOULANA MOHAMED KUTTY MEMORIAL HIGHER SECONDARY SCHOOL
       P.O.KUTTAYI-676 562, MALAPPURAM DISTRICT.

       BY ADVS.SRI.V.A.MUHAMMED
                 SRI.M.SAJJAD

RESPONDENTS:

      1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO
         GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT
       THIRUVANANTHAPURAM-695 001.

      2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION
       HOUSING BOARD BUILDINGS, SANTHI NAGAR
       THIRUVANANTHAPURAM-695 001.

      3. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION
       KOZHIKODE-673 001.

      BY GOVERNMENT PLEADER SRI.T.R.RAJESH

       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12-09-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 23127 of 2013 (M)
----------------------------

                                      APPENDIX

PETITIONER(S)' EXHIBITS
-------------------------------------

P1- TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED
       5.9.2012.

P2- TRUE COPY OF THE APPOINTMENT ORDER OF THE 3RD PETITIONER DATED
       1.8.2012.

P3- TRUE COPY OF THE APPOINTMENT ORDER OF THE 4TH PETITIONER DATED
       1.8.2012.

P4- TRUE COPY OF THE APPOINTMENT ORDER OF THE 5TH PETITIONER DATED
       25.7.2012.

P5- TRUE COPY OF THE TIME TABLE.

P6- TRUE COPY OF THE G.O.(MS.)NO.211/2013/G.EDN. DATED 15.7.2013 OF THE
       GOVERNMENT.

P7- TRUE COPY OF THE LETTER OF THE MANAGER DATED 31.7.2013.

P8- TRUE COPY OF THE G.O.(MS.)NO.398/2002/G.EDN. DATED 29.11.2002 OF
       THE GOVERNMENT.

P9- TRUE COPY OF THE CIRCULAR OF THE GOVERNMENT DATED 1.11.2003.

P10- TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE
       GOVERNMENT DATED 31.8.2013.

RESPONDENT(S)' EXHIBITS: NIL
-------------------------------




                                     // true copy //


TKS


                                                      P.S. to Judge



                          C.T.RAVIKUMAR, J.
                       ----------------------------
                       W.P.(C)No.23127 of 2013
                       ----------------------------
                      Dated 12th September, 2013

                               JUDGMENT

The first petitioner is the Manager of Moulana Mohamed Kutty Memorial Higher Secondary School, Kuttayi in Malappuram District. It is contended that as per Ext.P9, pursuant to the sanctioning of an additional batch in Commerce, one post of Higher Secondary School Teacher (Junior) was granted each in Commerce and Economics. However, the contention of the petitioners is that since the number of periods exceeds 75 they are entitled to get additional posts in English and Computer Application as well. However, the said aspect was not at all considered while granting additional posts. The further grievance of the petitioners is that petitioners 4 and 5 were appointed against the additional posts sanctioned as per Ext.P9 in Commerce and Economics, but, their appointments are yet to be approved. In the matter of redressal of grievances in respect of such aspects the petitioners have already moved through Ext.P10. This writ petition has been filed in the said circumstances seeking an expeditious disposal of Ext.P10.

2. I have heard the learned counsel appearing for the petitioners and also the learned Government Pleader. WP(C).No.23127/2013 2

I have already adverted to the grievances of the petitioners. Evidently, the petitioners have moved Ext.P10 seeking redressal of the aforesaid grievances. Taking into account the fact that the petitioners have already approached the first respondent through Ext.P10 petition dated 31.8.2013, I am inclined to dispose of this writ petition with a direction to the first respondent to consider Ext.P10 and pass appropriate orders thereon in accordance with law, expeditiously, at any rate, within a period of three months from the date of receipt of copy of this judgment. Ordered Accordingly.

Sd/-

C.T.RAVIKUMAR Judge TKS