Kerala High Court
N.P.Abdul Gafoor vs The Regional Deputy Director (Rdd) on 8 September, 1983
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 4TH DAY OF MAY 2012/14TH VAISAKHA 1934
WP(C).No. 10794 of 2012 (Y)
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PETITIONER(S):
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N.P.ABDUL GAFOOR,
AL-HILAL HOUSE, MADAVOOR POST OFFICE- 673583
HIGH SCHOOL ASSISTANT (ARABIC)
CHAKKALAKKAL HIGHER SECONDARY SCHOOL
PADANILAM POST OFFICE, KOZHIKODE-673571.
BY ADVS.SRI.V.A.MUHAMMED
SRI.K.M.FIROZ
RESPONDENT(S):
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1. THE REGIONAL DEPUTY DIRECTOR (RDD)
HIGHER SECONDARY EDUCATION, KOZHIKODE REGION
KOZHIKODE-673001.
2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION
HIGHER SECONDARY DIRECTORATE
THIRUVANANTHAPURAM-695001.
3. THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY
HIGHER EDUCATION (F) DEPARTMENT, SECRETARIAT
THIRUVANANTHAPURAM-695001.
4. THE MANAGER
CHAKKALAKKAL HIGHER SECONDARY SCHOOL, MADAVOOR
PADANILAM POST OFFICE, KOZHIKODE DISTRICT-673571.
5. NAVEENAKSHAN.M
CHAKKALAKKAL HIGHER SECONDARY SCHOOL, MADAVOOR
PADANILAM POST OFFICE, KOZHIKODE DISTRICT-673571.
6. RAJI M.K.
CHAKKALAKKAL HIGHER SECONDARY SCHOOL, MADAVOOR
PADANILAM POST OFFICE, KOZHIKODE DISTRICT-673571.
BY GOVERNMENT PLEADER SRI.S.JAMAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04-05-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) NO.10794/2012
APPENDIX
PETITIONER(S) EXHIBITS
EXHIBIT-P1:- COPY OF THE PROCEEDINGS OF THE DISTRICT EDUCATIONAL OFFICER,
KOZHIKODE DATED 08.09.1983 PERMITTING THE PETITIONER TO CONTINUE AS FULL
TIME HAS (ARABIC) WITH EFFECT FROM 15.7.1983.
EXHIBIT-P2:- COPY OF THE STAFF LIST OF THE FOURT RESPONDENT'S SCHOOL
SHOWING SENIORITY AS ON 1.6.2011.
EXHIBIT-P3:- COPY OF THE ADVERTISEMENT IN CHANDRIKA DAILY PUBLISHED BY THE
FOURTH RESPONDENT MANAGER INVITING APPLICATIONS TO THE POST OF HSST IN
PHYSICS, BOTANY, ZOOLOGY, ECONOMICS, COMMERCE AND COMPUTER
APPLICATION.
EXHIBIT-P4:-COPY OF THE REPRESENTATION DATED 30.11.2011 SUBMITTED BY THE
PETITIONER BEFORE THE FOURTH RESPONDENT MANAGER PRAYING TO GIVE THE
PETITIONER PROMOTION AS HSST ARABIC.
EXHIBIT-P5:- COPY OF THE APPLICATION DATED 12.12.2011 SUBMITTED BY THE
PETITIONER BEFORE THE REGIONAL DEPUTY DIRECTOR (RDD), HIGHER SECONDARY
EDUCATION, KOZHIKODE.
RESPONDENTS' EXHIBITS
NIL
//TRUE COPY//
P.A. TO JUDGE
tss
A.M.SHAFFIQUE, J
* * * * * * * * * * * * *
W.P.C.No.10794 of 2012
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Dated this the 4th day of May 2012
J U D G M E N T
The petitioner is working as High School Assistant (Arabic) in the school managed by the 4th respondent since 15/7/1983 which is evident from Ext.P1. It is contended that the petitioner had acquired the qualification of M.A (Arabic), L.T.T.C, S.E.T etc. and going by such qualifications he is entitled to get promotion as H.S.S.T (Arabic) in the Higher Secondary School. It is said that overlooking his seniority and qualification there is an attempt by the manager to appoint other teachers who are junior to the petitioner. He had submitted an application to the Regional Deputy Director, Higher Secondary Education claiming his right which is produced as Ext.P5.
2. The prayer now sought is only for an early disposal of Ext.P5. Since the petitioner has limited his relief only for disposal of Ext.P5, I do not think it is necessary to issue notice to respondents 4 to 6 in the matter. The learned Government Pleader had taken notice for respondents 1 to 3. W.P.C.No.10794/12 2
3. Having heard the learned counsel for the petitioner and the learned Government Pleader, I am of the view that the writ petition can be disposed of as follows:
There shall be a direction to the 1st respondent to consider Ext.P5 and dispose of the same within a period of one month from the date of receipt of a copy of this judgment after hearing all the affected parties.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr W.P.C.No.10794/12 3 W.P.C.No.10794/12 4 THOMAS.P.JOSEPH,J.Crl.M.C.No. of 200
ORDER 19/01/2011