Kerala High Court
The Manager vs State Of Kerala on 2 July, 2020
Author: C.S.Dias
Bench: C.S.Dias
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 02ND DAY OF JULY 2020 / 11TH ASHADHA, 1942
WP(C).No.12687 OF 2020(I)
PETITIONER/S:
THE MANAGER,
GANAPATHI VILASOM HIGH SCHOOL, KOOVAPPADY-683
544.
BY ADV. SRI.P.THOMAS GEEVERGHESE
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM P.O.695 001.
2 SECRETARY,
GENERAL EDUCATIONAL DEPARTMENT, 2ND FLOOR,
SECRETARIAT ANNEX, THIRUVANANTHAPURAM-695
001.
3 DEPUTY DIRECTOR OF EDUCATION,
ERNAKULAM, 2ND FLOOR, CIVIL STATION,
KAKKANAD-682 030.
4 DISTRICT EDUCATIONAL OFFICER,
KOTHAMANGALAM, ERNAKULAM-686691.
OTHER PRESENT:
NISHA BOSE -SR GP .
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.07.2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.12687 OF 2020
..2..
Dated this the 2nd day of July 2020
JUDGMENT
The petitioner is the Manager of a school under the jurisdiction of the 4th respondent.
2. In the academic years 2017-18 and 2018-19, the petitioner had appointed three teachers, when the additional vacancies arose in the school due to the increase in number of students. However, their appointments were not approved by the Government. Although the petitioner had preferred an appeal before the 3rd respondent, as against Exhibit P-3 series of orders, rejecting the appointment of the teachers, the same has not been considered.
3. In the said circumstances, the petitioner has preferred Exhibit P-5 revision petition before 2 nd respondent. The petitioner seeks for an expeditious consideration of Exhibit P-5.
WP(C).No.12687 OF 2020 ..3..
4. Heard the learned counsel for the petitioner and the learned Senior Government Pleader for the respondents 1 to 4.
5. The learned counsel for the petitioner reiterated the contentions pleaded in the writ petition. He prayed that the 2nd respondent may be directed to consider and dispose of Exhibit P-5 within a time frame. The learned Senior Government Pleader did not object to the prayer for an expeditious consideration of Exhibit P-
5.
6. Considering the averments pleaded in the writ petition and after hearing the learned counsel for both sides and also taking into consideration the fact that Exhibit P-5 is pending before the 2nd respondent, without going into the merits of the dispute, I deem it appropriate to direct the 2nd respondent to consider and dispose of Exhibit P-5, in accordance with law, within a period of WP(C).No.12687 OF 2020 ..4..
three months from the date of receipt of a copy of this judgment. The 2nd respondent shall afford the petitioner or his representative an opportunity of being heard before passing orders on Exhibit P5. The petitioner is at liberty to produce a copy of this judgment along with a copy of the memorandum of writ petition before the 2 nd respondent.
This writ petition is ordered accordingly.
Sd/-
C.S.DIAS JUDGE kkj WP(C).No.12687 OF 2020 ..5..
APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY APPOINTMENT LETTER OF ANAJA S NAIR DATED 1.6.2017 ISSUED BY MANAGER, GVHS KOVAPPADY EXHIBIT P1 (A) TRUE COPY APPOINTMENT LETTER OF MANJU TM DATED 1.6.2018 ISSUED BY MANAGER, GVHS KOVAPPADY EXHIBIT P1 (B) TRUE COPY APPOINTMENT LETTER OF ASWATHI MS DATED 1.6.2018, ISSUED BY MANAGER, GVHS KOVAPPADY EXHIBIT P2 TRUE COPY AFFIDAVIT DATED 21.5.2019 FILED BY THE PETITIONER TO THE 4TH RESPONDENT EXHIBIT P3 TRUE COPY OF ORDER NO B1/2938/2019/THE DATED 18.10.2019 EXHIBIT P3 (A) TRUE COPY OF ORDER NO B1/2940/2019 THE DATED 16.10.2019 EXHIBIT P3 (B) TRUE COPY OF ORDER NO B1/29939/2019 THE DATED 18.10.2019 EXHIBIT P4 TRUE COPY OF APPEAL DATED 19.10.2019 FILED BY THE PETITIONER TO THE 3RD RESPONDENT EXHIBIT P5 TRUE COPY OF REVISION PETITION DATED 27.11.2019 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT