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Kerala High Court

Subair N P vs State Of Kerala on 24 May, 2022

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
        TUESDAY, THE 24TH DAY OF MAY 2022 / 3RD JYAISHTA, 1944
                        WP(C) NO. 5911 OF 2022
PETITIONER:

            SUBAIR N P
            AGED 41 YEARS
            URDU TEACHER (FULL TIME) M.I.S.M UP SCHOOL,
            PENGADKUNDIL PARAMBA, VENGARA, MALAPPURAM DISTRICT-
            676305.
            BY ADV POOVAMULLE PARAMBIL ABDULKAREEM


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT
            OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM-695001.
    2       THE DIRECTOR OF GENERAL EDUCATION,
            OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY,
            THIRUVANANTHAPURAM-695014.
    3       THE DEPUTY DIRECTOR OF EDUCATION
            OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM-
            676505.
    4       THE ASSISTANT EDUCATIONAL OFFICER
            OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, VENGARA,
            MALAPPURAM DISTRCT-676304.
    5       MANAGER
            M.I.S.M. UP SCHOOL, PENGADKUNDIL, PARAMBA, VENGARA,
            MALAPPURAM DISTRICT, PIN-676305.
OTHER PRESENT:

            SR.GP B.UNNIKRISHNA KAIMAL


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5911 OF 2022
                                2

               BECHU KURIAN THOMAS, J.
           -----------------------------------------
                 W.P.(C)NO. 5911 of 2022
           ----------------------------------------
           Dated this the 24th day of May, 2022


                         JUDGMENT

Challenging the refusal of approval of appointment of the petitioner as Urdu Teacher (full time) in M.I.S.M UP School, Vengara, petitioner has preferred Ext.P8 revision petition before the 1st respondent.

2. After having heard the learned counsel for the petitioner Sri.P.P.Abdul Kareem as well as Sri.Unnikrishna Kaimal, the learned Senior Government Pleader for the respondents, I am of the view that this writ petition can be disposed of with a direction.

3. Accordingly, there will be a direction to the 2 nd respondent to consider and dispose of Ext.P8 revision petition, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a copy of this judgment. Having due regard to the judgment in writ WP(C) NO. 5911 OF 2022 3 appeal No.2592 of 2015 and other similar judgments of this Court, the revision petition shall be disposed of assuming the Manager to have executed the bond stipulated in G.O(P)No. 10/10/G.Edn dated 12/1/2010. While passing the order, it shall be observed that it will be subject to the final result of the judgment in the pending case before the Supreme Court.

The writ petition is disposed of.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM WP(C) NO. 5911 OF 2022 4 APPENDIX OF WP(C) 5911/2022 PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 15/07/2009 ISSUED BY THE 5TH RESPONDENT.
Exhibit P2 TRUE COPY OF THE ORDER NO.C/6589/09/D.DIS DATED 05.01.2011 ISSUED BY THE 4TH RESPONDENT.
Exhibit P3 TRUE COPY OF THE STAFF FIXATION ORDER NO.D.DIS/C/1271/10 DATED 22.04.2010 FOR THE YEAR 2009-10 ISSUED BY THE 4TH RESPONDENT.
Exhibit P4 TRUE COPY OF THE LETTER NO.60930/J2/G.EDN DATED 25.10.2011 ISSUED BY THE 1ST RESPONDENT.
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 26.07.2017 IN W A NO.2592/2015 PASSED BY THIS HON'BLE COURT.

Exhibit P6 TRUE COPY OF THE CIRCULAR NO.100/J2/2017/G.EDN DATED 11.09.2018 ISSUED BY THE 1ST RESPONDENT.

Exhibit P7 TRUE COPY OF THE G O (P) NO.4/2021/G.EDN DATED 06.02.2021 ISSUED BY THE 1ST RESPONDENT.

Exhibit P8 TRUE COPY OF THE REVISION PETITION DATED 10.01.2022 THUS SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 31.01.2022 IN WPC NO.3057/2022 PASSED BY THIS HON'BLE COURT.

//TRUE COPY// PA TO JUDGE