Danish Raphel K v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH TUESDAY, THE 24TH DAY OF FEBRUARY 2015/5TH PHALGUNA, 1936 WP(C).No. 1036 of 2013 (D) -------------------------------- PETITIONER:
-------------- DANISH RAPHEL, PART TIME HINDI TEACHER, B.E.M.U. P. SCHOOL, PUTHIYARA CALICUT-673004.
BY ADV. SRI.V.RAJENDRAN RESPONDENTS:
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1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT THIRUVANANTHAPURAM-695001.
2. DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM-695013.
3. ASSISTANT EDUCATIONAL OFFICER PONNANI-679577.
4. ASSISTANT EDUCATIONAL OFFICER VYTHIRI-673121.
5. CORPORATE MANAGER ALL CSI SCHOOLS IN MALABAR & WAYANAD, BANK ROAD CALICUT-673001.
6. SUNITHA BABY DANIEL, VALIYA PARAMBIL HOUSE, P.O.NELLICODE, POTTAMMAL CALICUT-673016.
7. DISTRICT EDUCATIONAL OFFICER WAYANAD, KALPETTE-673123.
R1 TO R4, R7 GOVT. PLEADER SRI.RINNY STEPHEN CHANAPARAMBIL R5 BY ADV. SRI.P.V.KUNHIKRISHNAN R6 BY ADV. SRI.BENNY GERVACIS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 1036 of 2013 (D) APPENDIX PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF THE PROVISIONAL CERTIFICATE DATED 2-4-2008 ISSUED BY THE KERALA HINDI PRACHAR SABHA.
EXT.P2 TRUE COPY OF REPRESENTATION DATED 3-4-2008 OF THE PETITIONER TO THE 5TH RESPONDENT EXT.P3 TRUE COPY OF THE ORDER DATED 22-8-2009 OF THE 3RD RESPONDENT.
EXT.P4 TRUE COPY OF THE GOVT. ORDER G.O. (RT) NO. 1081/2011 G. EDN. DATED 18-3-2011.
EXT.P5 TRUE COPY OF NOTICE DATED 16-5-2011 OF THE 2ND RESPONDENT TO THE PETITIONER.
EXT.P6 TRUE COPY OF THE ORDER NO. G3/18140/11/DPI/K.DIS DATED 27-12-2011 OF THE ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS. EXT.P7 TRUE COPY OF THE GOVT. ORDER G.O. (RT) NO. 5454/2012 G. EDN. DATED 16-11-2012 RESPONDENTS' EXHIBITS EXT.R6(a):- TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER ISSUED BY THE 5TH RESPONDENT DATED 17-06-11.
EXT.R6(b):- TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 28/05/09.
EXT.R6(c):- TRUE COPY OF THE ORDER DATED 10/01/11 ISSUED BY THE 1ST RESPONDENT APPOINTING SMT.NISHA JANET AGAINST THE POST OF JUNIOR PART TIME HINDI TEACHER.
EXT.R6(d):- TRUE COPY OF THE JUDGMENT DATED 13/04/12 IN WPC no.9517/12.
EXT.R6(e):- TRUE COPY OF THE ORDER ISSUED BY THE 5TH RESPONDENT DATED 21/12/12.
EXT.R6(f):- TRUE COPY OF THE JOINING REPORT OF THIS RESPONDENT ISSUED BY THE HEAD MASTER, BEM UP SCHOOL, FEROKE DATED 8/1/13. EXT.R6(g):- A TRUE COPY OF THE UNDERTAKING SUBMITTEDS BEFORE THE 6TH RESPONDENT CORPORATE MANAGER.
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BABU MATHEW P. JOSEPH, J.
------------------------------------------------ ------------------------------------------------ Dated this the 24th day of February, 2015
JUDGMENT
The prayer of the writ petitioner is essentially relating to his promotion to the post of Part-time Hindi Teacher with effect from 02-06-2008.
2. Heard the learned counsel appearing for the petitioner, learned Government Pleader appearing for the respondents 1 to 4 and 7, learned counsel appearing for the fifth respondent and the learned counsel appearing for the sixth respondent.
3. The real dispute is between the petitioner and the sixth respondent. Learned counsel for the sixth respondent submits that during the pendency of this writ petition, the Joint Director of Public Instructions passed an order dated 12-12-2014 settling the rights and claims of the petitioner as well as the sixth respondent. Accordingly, as directed in that order, the appointment of the petitioner with effect from 02-06-2008 to the post of Part-time Hindi Teacher will be approved and the appointment of the sixth respondent with effect from 01-06-2009 to the post of Part-time
-2Hindi Teacher will be approved. He further submits that the order so issued has become final.
4. In view of the said order dated 12-12-2014, the grievance highlighted by the petitioner in this writ petition does not survive. Therefore, recording the submissions made by the learned counsel for the sixth respondent, this writ petition is closed without going into the merits of the contentions raised by either side. It goes without saying that the fifth respondent Manager of the schools will forward necessary proposals for approval of the petitioner and the sixth respondent in the concerned posts with effect from the said dates and the educational officer concerned will pass necessary orders approving such appointments without delay.
Sd/- BABU MATHEW P. JOSEPH JUDGE kns/- //TRUE COPY// P.A. TO JUDGE
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