Abdu Rahiman.K.P v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 17TH DAY OF MARCH 2015/26TH PHALGUNA, 1936 WP(C).No. 4774 of 2014 (V) --------------------------- PETITIONER :
--------------------- ABDU RAHIMAN K.P., S/O.MUHAMMED, AGED 40 YEARS, HSA (ENGLISH), K.P.MAYIN SAHIB MEMORIAL HIGHER SECONDARY SCHOOL ARIKKULAM, KOZHIKODE-673 620 RESIDING AT KUZHIPARAPPIL IRINGATH P.O., PAYYOLI (VIA) KOZHIKODE, PIN.673 521 BY ADVS.SRI.JACOB SEBASTIAN SMT.SHAMSEERA C.ASHRAF SMT.ANU JACOB RESPONDENT(S) :
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1. STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM, PIN-695001.
2. THE REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION, KOZHIKODE, PIN-673 001
3. THE MANAGER K.P.MAYIN SAHIB MEMORIAL HIGHER SECONDARY SCHOOL ARIKKULAM, KOZHIKODE - 673 620
4. DIVYA P., D/O.SREEDHARAN PILAKODE HOUSE, NADERI PO., KUTHIRAKUDA DESOM NADERI AMSOM, KOZHIKODE, PIN-673 326.
R1 & R2 BY SR. GOVT. PLEADER SRI. V. VIJULAL R3 BY ADV. SRI.P.C.SASIDHARAN R4 BY ADVS. SRI.P.R.SREEJITH SRI.M.PROMODH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn ...2/-
WP(C).No. 4774 of 2014 (V) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS :
------------------------------------- EXT.P1 - A TRUE COPY OF THE ORDER OF APPOINTMENT DATED 14-8-1997 ISSUED BY THE 3RD RESPONDENT.
EXT.P2A TRUE COPY OF THE ORDER DATED 30-6-2004 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, VADAKARA.
EXT.P3 - A TRUE COPY OF THE REPRESENTATION DATED 17-5-2013 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH THE POSTAL RECEIPT.
EXT.P4 - A TRUE COPY OF THE REPRESENTATION DATED 21-11-2013 SUBMITTED BY THE PETITIONER BEFORE THE MINISTER FOR EDUCATION.
EXT.P5COPY OF THE QUERY AND INFORMATION OBTAINED BY THE PETITIONER FROM THE OFFICE OF THE SECOND RESPONDENT BY COMMUNICATION DATED 1 DECEMBER 2014 OF THE SECOND RESPONDENT.
RESPONDENT(S)' EXHIBITS : NIL ----------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn
A.MUHAMED MUSTAQUE, J.
***************************************************** W.P.(C) No.4774 of 2014 ***************************************************** Dated this the 17th day of March, 2015
JUDGMENT
The petitioner is working as HSA (English) in the third respondent School. In the vacancy in HSST (Junior) (English), the 4th respondent was appointed. The petitioner disputes the action of the Manager in appointing the 4th respondent overlooking the claim of the petitioner. The petitioner's case is that he is entitled to be appointed as HSST (English) being a qualified hands by transfer and the Manager has no authority to make direct appointment.
2.
The Manager submits that the appointment made by him is legal in as much as this was done by taking note of the cadre strength of the total post, the appointment has been made from the open market. The 4th respondent also support the stand of the Manager.
W.P.(C) No.4774 of 2014 2 3.
It is admitted that the authorities are yet to grant approval to the 4th respondent and it is submitted by the 4th respondent that it is on account of the objection raised by the petitioner, decision has not taken.
In view of the above, I am of the view, if no proposal is made by the third respondent, the Manager, he shall forward the proposal immediately. I am also of the view, this matter can be resolved by adverting to the various claims of the petitioner by the 4th respondent. Therefore, either on the proposal made by the Manager or based on the objection of the petitioner, an appropriate decision shall be taken by the second respondent after affording an opportunity of hearing to the petitioner, the Manager and the 4th respondent within a period of two months from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
Sd/- A.MUHAMED MUSTAQUE, JUDGE ln