Kerala High Court
P.P.Sunil Kumar vs V.M. Mohammed Ali on 16 November, 2011
Author: Antony Dominic
Bench: Antony Dominic
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE P.D.RAJAN
WEDNESDAY, THE 13TH DAY OF AUGUST 2014/22ND SRAVANA, 1936
WA.No. 184 of 2012 ()
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AGAINST THE JUDGMENT IN WP(C).NO. 24350/2009 DATED 16-11-2011.
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APPELLANT/ADDL. 6TH RESPONDENT IN WPC:
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P.P.SUNIL KUMAR, HSA (S.S.),
C.P.P.H.M.H.S., OZHUR,
MALAPPURAM DISTRICT.
BY ADVS.SMT.K.R.KRISHNAKUMARI,
SMT.P.V.RADHAMANI,
SRI.K.S.ARUN KUMAR.
RESPONDENTS/WRIT PETITIONER & RESPONDENTS 1 TO 5 :
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1. V.M. MOHAMMED ALI,
H.S.A. (S.S), C.P.P.H.M.H.S, OZHUR,
(UNDER THE JURISDICTION LIMIT OF TIRUR D.E.O),
P.O. VELLACHAL, MALAPPURAM DISTRICT - 676 505.
2. THE SECRETARYTO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
THIRUVANANTHAPURAM - 695 001.
3. THE MANAGER,
C.P.P.H.M.H.S, OZHUR,
MALAPPURAM DISTRICT - 676 505.
4. THE DISTRICT EDUCATIONAL OFFICER,
TIRUR - 676 505.
5. THE DEPUTY DIRECTOR OF EDUCATION,
MALAPPURAM - 676 505.
6. THE DIRECTOR OF PUBLIC INSTRUCTION,
TRIVANDRUM - 695 001.
R1 BY ADV. SRI.ELVIN PETER P.J.
R2, R4, R5 & R6 BY SR. GOVT. PLEADER MR.VIJU THOMAS.
R3 BY ADVS. SRI.M.R.ANISON,
SMT.K.P.GEETHA MANI,
SMT.P.A.RINUSA.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 13-08-2014,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
ANTONY DOMINIC & P.D. RAJAN, JJ.
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W.A. No.184 of 2012
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Dated this the 13th day of August, 2014
JUDGMENT
Antony Dominic,J.
The Additional 6th respondent in W.P.(C) No.24350/2009 has filed this appeal. The writ petition was filed by the 1st respondent seeking approval of his appointment as High School Assistant (Social Science). The approval was rejected by the 3rd respondent by Ext.P1 order and the appeals and revisions filed by the Manager were all rejected by Exts.P2, P3 and P5 orders. In the writ petition filed, a learned Single Judge of this Court upheld the claim of the 1st respondent relying on the fact that his appointment was made before the W.A.No.184/12 2 amendment of Rule 7A(3) of Chapter XIVA K.E.R and that, the fact that High School Assistant (Social Science) had to be appointed cannot militate against his claim. With regard to the claim of the appellant, the learned Single Judge also held that his claim for approval of his appointment for a different spell of time is an independent cause of action to be separately agitated and that his claim cannot stand in the way of the 1st respondent in getting his grievance redressed. It was according to that the learned Single Judge allowed the writ petition.
2. Having considered the submissions made, we do not find any illegality in the conclusions of the learned Single Judge, which are fully supported by the provisions of the KER and the facts discernible from the pleadings. Therefore, we dismiss this writ appeal W.A.No.184/12 3 leaving it open to the appellant to agitate his grievance in W.P.(C) No.34195/2011, which he has already filed in this Court.
ANTONY DOMINIC, JUDGE.
P.D. RAJAN, JUDGE.
acd W.A.No.184/12 4