A.Shajahan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH WEDNESDAY, THE 19TH DAY OF AUGUST 2015/28TH SRAVANA, 1937 OP(KAT).No. 234 of 2015 (Z) --------------------------- AGAINST THE JUDGMENT IN OA 1207/2015 of KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM DATED 03-07-2015 PETITIONER(S)/APPLICANTS IN THE OA:
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1. A.SHAJAHAN HIGH SCHOOL ASSISTANT (MALAYALAM) GOVT.HIGHER SECONDARY SCHOOL, KILIMANOOR RESIDING AT JARIYA, OZHUKUPARAKAL P.O, AYUR KOLLAM, PIN-691 533.
2. D. VIJAYAKUMARAN HIGHER SECONDARY SCHOOL TEACHER (MATHS) GOVT. HIGHER SECONDARY SCHOOL, SREEPURAM, KANNUR RESIDING AT SREESAILAM, KATTAKADA P.O THIRUVANANTHAPURAM, PIN-695572.
3. V. CHANDRASEKHARA PILLAI HIGH SCHOOL ASSISTANT (MATHS), GOVT.HIGH SCHOOL KATTACHAKONAM, RESIDING AT PRANAVAM MATHIRA P.O.(VIA) KADAKKAL, KOLLAM, PIN-691 536.
4. P. BADARUSSAMAN HIGH SCHOOL ASSISTANT (MATHS) SMV GOVT.MODEL HIGHER SECONDARY SCHOOL THIRUVANANTHAPURAM, RESIDING AT SITHARA, MUNDELA P.O VELLANAD, THIRUVANANTHAPURAM, PIN-695543.
5. ASOKAN KIZHAKKE UKKANDANTAVIDA HIGH SCHOOL ASSISTANT (MATHS), MRSLBVGHSS, VAIPUR RESIDING AT KIZHAKKE UKKANDANTAVIDA (H) CHOKLI P.O.THALASSERY (VIA), KANNUR, PIN-670 672.
6. SYAMALA N.
HIGH SCHOOL ASSISTANT, GHSS AVANAVANCHERI, ATTINGAL RESIDING AT CHARUVILA VEEDU, ARCHAL, NEDIYARA P.O. ANCHAL, KOLLAM, PIN-691 306.
7. ROBERT DAS D.
HIGH SCHOOL ASSISTANT, GHSS ANAVOOR THIRUVANANTHAPURAM, RESIDING AT RETNA VILASAM THAKADAVILA, NILAMAMOODU, KARAKKONAM P.O THIRUVANANTHAPURAM, PIN-695 504.
(contd....2)
8. SHAMSUDEEN S.
HIGH SCHOOL ASSISTANT, GHSS KOONTHALLOOR, CHIRAYINKIL THIRUVANANTHAPURAM, RESIDING AT SHIJIN VILLA KURUP LANE, MAMAM, ATTINGAL THIRUVANANTHAPURAM, PIN-695 101.
9. SURESH BABU L.D.
HIGH SCHOOL ASSISTANT, GHSS K.S.PURAM, CLAPPANA P.O. RESIDING AT THYMOOTTIL HOUSE, KOTTACKA PURAM, CLAPPANA KARUNAGAPPALLY, PIN-690 526.
10. RAJ KUMAR R.A.
HIGH SCHOOL ASSISTANT, GHSS POOVAR, THIRUVANANTHAPURAM PIN-695 525.
11. PREMACHANDRAN S.K.
HIGH SCHOOL ASSISTANT, GHSS POOVACHAL, POOVACHAL P.O. THIRUVANANTHAPURAM, RESIDING AT SREEPATHY, PONNARA KATTAKKADA .O, THIRUVANANTHAPURAM, PIN-695 572.
12. VINOD R.
HIGH SCHOOL ASSISTANT, GBHSS, ATTINGAL THIRUVANANTHAPURAM, RESIDING AT DEEPENDU KARUVELIL P.O, EZHUKONE, KOLLAM PIN-691 505.
13. SREEKUMAR K.P.
HIGH SCHOOL ASSISTANT, GHSS KODUVAZHANNOOR THIRUVANANTHAPURAM, RESIDING AT ERATHU VEEDU, PULLAYIL KILIMANOOR P.O., THIRUVANANTHAPURAM, PIN-695 601.
14. RAJAPPAN K..N.
HIGH SCHOOL ASSISTANT, GHS THEKKEKKARA RESIDING AKSHAYA, THRIKODITHANAM, CHANGANASSERY KOTTAYAM, PIN-686105.
15. JAYAVIKRAMAN K.
HIGHER SECONDARY SCHOOL TEACHER, GDHSS CHARAMANGALAM CHERTHALA, ALAPPUZHA RESIDING AT KATTANKULANGARA HOUSE, KANDALLOOR KAYAMKULAM, PIN-690 535.
16. SARNGAN P.
HIGH SCHOOL ASSISTANT, GHSS MAMANGALAM, MANGALAM P.O. ALAPPUZHA, RESIDING AT USHUS, MAHADADEVIKAD P.O. KARTHIKAPALLI, ALAPPUZHA, PIN-690 516.
17. SURESH BABU C.
HIGH SCHOOL ASSISTANT, GHSS CHALA, KANNOOR RESIDING AT ARYAM, KIZHUNNA, KANNOOR PIN-670 007.
18. CHACKO MATHAI HIGH SCHOOL ASSISTANT, GVHSS, ANCHAL EAST KOLLAM, RESIDING AT NIRAPPIL KOCHUMUTTATHU VEEDU EDAMULAKKAL, KOLLAM, PIN-691 306.
(contd....2)
19. MOHANAN K.
HIGH SCHOOL ASSISTANT, GHS POOYAPPALLY, KOLLAM RESIDING AT MS BHAVAN, MUTTARA P.O, ODANAVATTAM KOLLAM, PIN-691 512.
20. LISA MATHEW HIGH SCHOOL ASSISTANT, GHSS ULIKKAL, ULIKKAL P.O. KANNOOR, RESIDING AT ENNAMPRAYIL, ULIKKAL P.O. KANNOOR, PIN-670 705.
BY ADV. SRI.K.P.RAJEEVAN RESPONDENT(S)/RESPONDENTS:
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1. STATE OF KERALA REPRESENTED BY ITS SECRETARY GENERAL EDUCATION (C) DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM, KERALA -695001
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS DIRECTORATE OF PUBLIC INSTRUCTIONS, JAGATHI THIRUVANANTHAPURAM, KERALA - 695 014.
3. RAJEEV KUMAR P.
AGED 52 YEARS, S/O.MUKUNDAN, ERITTI HIGH SCHOOL ASST, GHSS CHAVASSERY, KANNOOR RESIDING AT NANI NIVAS, PALAMPARAMPA, KEEZHOOR KANNOOR, PIN-670 703.
R BY GOVERNMENT PLEADER SRI.E.M.ABDUL KHADER THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 19-08-2015, ALONG WITH OPKAT. 221/2015, OPKAT. 225/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(KAT).No. 234 of 2015 (Z) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 - TRUE COPY OF ORDER DATED 3.7.2015 IN O.A.NO.1207 OF 2015 P2 - A TRUE COPY OF THE ORIGINAL APPLICATION NO.1207/2015 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM, WITH ANNEXURES.
P3 - A TRUE COPY OF THE GOVT. LETTER DATED 8.6.2015 ISSUED TO THE SECRETARY OF GOVT. SCHOOL TEACHERS UNION.
RESPONDENT(S)' EXHIBITS NIL --------------------------------------- //TRUE COPY// PA TO JUDGE
P.R.RAMACHANDRA MENON & BABU MATHEW P.JOSEPH, JJ.
-------------------------------------- O.P.(KAT)No.234 of 2015 ------------------------------------- Dated this the 19th day of August, 2015
JUDGMENT
P.R.RAMACHANDRA MENON, J This original petition is against the dismissal of the O.A.No.1207/2015 dated 03.07.2015 passed by the learned Kerala Administrative Tribunal. The prayers raised in the original application are in the following terms:- "1) Call for the records leading to this case and set aside Annexure A4 Order.
2) Declare that the Applicants are entitled for promotion to the post of Head master with exemption from passing the departmental test as they have crossed the age of 40 years.
3) Issue order directing the respondents to issue necessary orders exempting the applicants who have crossed 50 years of age from passing the departmental test and promote them to the post of Headmaster.
4) Issue such other orders or directions as this Hon'ble Tribunal may find just and proper."
2.
The original petition was admitted on 29.7.2015. Today, when the matter came for further consideration, the learned counsel appearing for the petitioner submits, that the grievance of the petitioner has already been projected by way
O.P.(KAT)No.234 of 2015 of Ext.P4 before the 1st respondent, a copy of which has been produced along with I.A.No.12066/2015. The relief sought for in the connected I.A.No. 12067/2015 is to cause Ext.P4 to be considered and disposed of by the 1st respondent within a specific time.
3.
Heard the Government Pleader as well. After hearing both the sides, and also in view of the submission made by the learned counsel for the petitioners, the original petition is disposed of, directing the 1st respondent to consider and pass appropriate orders on Ext.P4, in accordance with law, after affording an opportunity of hearing to the petitioners and other interested parties, if any. It shall be done at the earliest at any rate within 3 months from the date of receipt of copy of the judgment. The petitioners shall produce a copy of this judgment, along with a copy of the original petition and copies of the I.A's before the 1st respondent for further steps. Sd/- P.R.RAMACHANDRA MENON JUDGE Sd/- BABU MATHEW.P.JOSEPH JUDGE //TRUE COPY// PA TO JUDGE