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High Court of KeralaWP(C)/1911/2015disposed of

Jaleel Menakathu v. State Of Kerala

2015-01-30Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 30TH DAY OF JANUARY 2015/10TH MAGHA, 1936 WP(C).No. 1911 of 2015 (L) --------------------------- PETITIONER(S):

-------------- JALEEL MENAKATHU AGED 35 YEARS S/O. ABDULLAH, FULL-TIME MENIAL M.I.HIGHER SECONDARY SCHOOL (BOYS), PONNANI MALAPPURAM.

BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S):

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

1. STATE OF KERALA REPRESENTED BY SECREARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT THIRUVANANTHAPURAM - 695 001.

2. THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM - 695 001.

3. THE DEPUTY DIRECTOR OF EDUCATION CIVIL STATION MALAPPURAM - 676 505.

4. THE DISTRICT EDUCATIONAL OFFICER TIRUR, MALAPPURAM - 676 101.

5. THE MANAGER M I EDUCATIONAL INSTITUTIONS, PONNANI MALAPURAM - 679 577.

6. HEADMASTER MIHSS, PONNANI, MALAPPURAM - 679 577.

7. SHRI. MOHAMMED ANISH LOWER DIVISION CLERK, M.I HIGHER SECONDARY SCHOOL PONNANI, MALAPURAM - 679 577.

R BY GOVERNMENT PLEADER: SRI M A FAYAZ SR.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 1911 of 2015 (L) APPENDIX PETITIONER(S)' EXHIBITS :

------------------------- EXT P1 - A TRUE COPY OF PROCEEDINGS NO. M/14/2011 DT. 31.5.12 ISSUED BY THE 5TH RESPONDENT MANAGER.

EXT P2 - A TRUE COPY OF THE RELIEVING ORDER NO. M/136/2013 DT. 07.5.13 ISSUED BY 5TH RESPONDEN MANAGER.

EXT P2(A) - A TRUE COPY OF THE APPOINTMENT DT. 17.5.13 ISSUED BY 5TH RESPONDENT MANAGER TO 7TH RESPONDENT.

EXT P3 - A TRUE COPY OF THE ORDER NO. L.DIS B3/4503/2013 DT. 17.8.13 ISSUED BY 4TH RESPONDENT.

EXT P4 - A TRUE COPY OF THE ORDER BO.B413695/13/K.DIS DT. 07.10.13 ISSUED BY 3RD RESPONDENT.

EXT P5 - A TRUE COPY OF THE REVISION PETITION DT. 13.1.14 UNDER RULE 92 OF CHAPTER XIVA OF KER.

RESPONDENT(S)' EXHIBITS:NIL True Copy/ P A to Judge

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.1911 of 2015 ============================ Dated this the 30th day of January, 2015

JUDGMENT

Petitioner is working as Full Time Menial from 28.03.2003 in the 5th respondent school. Petitioner approached this Court aggrieved by denial of promotion as LD Clerk. It is submitted that promotion is denied on the ground that petitioner had suffered penalty in a disciplinary proceeding. Petitioner approached the authorities challenging rejection of his claim for promotion. It is admitted that now the matter is pending before the first respondent based on Ext.P5.

2.

In view of the above, there shall be a direction to the first respondent to consider Ext.P5 and pass appropriate orders thereon after affording an opportunity of hearing to the petitioner, respondent Nos.6 and 7 and any other affected persons within a period of three months.

The Writ Petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/30/01/15