High Court of KeralaWP(C)/3687/2010disposed of

M.Thayyib v. The State Of Kerala And Others

2015-04-01Honourable Mr.Justice C.K.Abdul Rehim4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 1ST DAY OF APRIL 2015/11TH CHAITHRA, 1937 WP(C).No. 3687 of 2010 (I) ----------------------------------- PETITIONER(S):

----------------------- M.THAYYIB, S/O.MOHAMMED KUNJU, AGED 22 YEARS, MANNASSERIL HOUSE, S.V.MARKET POST, KARUNAGAPPALLY - 690 573.

BY ADVS.SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S):

-------------------------

1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX, THIRUVANANTHAPURAM.

2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, THIRUVANANTHAPURAM-14.

3. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM DISTRICT.

4. THE ASSISTANT EDUCATIONAL OFFICER, KARUNAGAPPALLY, KOLLAM DISTRICT.

5. THE MANAGER, S.N.V.U.P.SCHOOL, MARUTHOORKULANGARA SOUTH, KARUNAGAPPALLY, KOLLAM DISTRICT.

R1 TO R4 BY SENIOR GOVERNMENT PLEADER SRI.SOJAN JAMES R5 BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 3687 of 2010 (I) ----------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

-------------------------------------- EXT.P1: TRUE COPY OF THE DEATH CERTIFICATE.

EXT.P1(a): TRUE COPY OF THE CERTIFICATE OF PETITIONER (TTC). EXT.P2: TRUE COPY OF THE REPRESENTATION OF THE PETITIONER. EXT.P3: TRUE COPY OF THE APPLICATION OF THE PETITIONER. EXT.P4: TRUE COPY OF THE COVERING LETTER.

EXT.P5: TRUE COPY OF THE CONSENT LETTER OF SMT.NASEEMA. EXT.P6: TRUE COPY OF THE -DO- BY SMT.JASEELA. EXT.P7: TRUE COPY OF THE REPRESENTATION OF THE PETITIONER. EXT.P8: TRUE COPY OF THE ORDER NO.C/2595/09 OF THE ASST. EDUCATIONAL OFFICER.

EXT.P9: TRUE COPY OF THE LETTER NO.B1/21618/2011 OF THE DEPUTY DIRECTOR. EXT.P10: TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 20.8.2005. RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

C.K. ABDUL REHIM, J.

--------------------------- W.P.(C)No.3687 of 2010 ------------------------------- Dated this the 1st day of April, 2015

JUDGMENT

This writ petition was filed voicing grievance against non acceptance of the claim made by the petitioner for appointment under Rule 51B of Chapter XIV-A KER. It is conceded by counsel appearing for the petitioner as well as by the counsel appearing for the 5th respondent that, during pendency of this writ petition the 5th respondent had appointed the petitioner by accepting his claim under Rule 51B. Therefore the issue agitated no more survives for consideration.

2. Learned counsel for the petitioner submits that, what remains is only approval of the appointment by the Assistant Educational Officer, the 4th respondent herein. It is for the 4th respondent to consider approval of appointment of the petitioner without any further delay, if the 5th respondent had duly submitted the order of

W.P.(C)No.3687 of 2010 2 appointment accompanied with all connected records. The writ petition is hereby disposed of with the above observation and direction.

Sd/-C.K. ABDUL REHIM JUDGE MJL