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High Court of KeralaWP(C)/10796/2015disposed of

N.K.Ebrayi v. The State Of Kerala

2015-04-01Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 1ST DAY OF APRIL 2015/11TH CHAITHRA, 1937 WP(C).No. 10796 of 2015 (Y) ---------------------------- PETITIONER(S):

-------------------------- N.K.EBRAYI AGED 35 YEARS SON OF MOIDEEN, HIGH SCHOOL ASSISTANT (ENGLISH) R.A.C. HIGHER SECONDARY SCHOOL, KATAMERI KOZHIKODE DISTRICT - 673 524.

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

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1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM - 695 001.

2. THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM - 695014.

3. THE DEPUTY DIRECTOR OF EDUCATION KOZHIKODE DISTRICT - 673 020.

4. THE DISTRICT EDUCATIONAL OFFICER VADAKARA, KOZHIKODE DISTRICT - 673 101.

5. THE MANAGER R.A.C.HIGHER SECONDARY SCHOOL, KATAMERI KOZHIKODE DISTRICT- 673 524.

6. THE HEADMASTER R.A.C.HIGHER SECONDARY SCHOOL, KATAMERI KOZHIKODE DISTRICT - 673 524.

7. SMT.K.SALEENA R.A.C.HIGHER SECONDARY SCHOOL, KATAMERI KOZHIKODE DISTRICT - 673 524.

R BY SR.GOVERNMENT PLEADER SHRI VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 10796 of 2015 (Y) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1: TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 04/06/2007.

EXT.P2: TRUE COPY OF THE STAFF FIXATION ORDER 2006 - 2007 DATED 13/11/2006 ISSUED BY THE 4TH RESPONDENT.

EXT.P3: TRUE COPYOF THE ORDER NO. D.DIS.B1-7629/2011 DATED 12/01/2012 ISSUED BY THE 4TH RESPONDENT.

EXT.P4: TRUE COPY OF THE APPOINTMENT ORDER OF THE 7TH RESPONDENT DATED 01/06/2009.

EXT.P5: TRUE COPY OF THE APPOINTMENT ORDER OF THE 7TH RESPONDENT DATED 30/08/2010.

EXT.P6: TRUE COPY OF THE ORDER NO. B1-2329/2013/K.DIS DATED 25/05/2013 ISSUED BY THE 4TH RESPONDENT.

EXT.P7: TRUE COPY OF THE GO(RT) NO. 4919/2014/G.EDN. DATED 11/11/2014 OF THE GOVERNMENT.

EXT.P8: TRUE COPY OF THE ORDER NO. F1/53423/2014/DPI/D.DIS. DATED 19/09/2014 ISSUED BY THE 2ND RESPONDENT.

EXT.P9: TRUE COPY OF THE JUDGMENT IN WPC NO. 15219/2013 DATED 18/02/2015.

EXT.P10: TRUE COPY OF THE RELEVANT PAGE OF THE SENIORITY LIST AS ON 01/01/2013.

EXT.P11: TRUE COPY OF THE ORDER NO. B4-24427/14/K.DIS. DATED 23/12/2014 ISSUED BY THE 3RD RESPONDENT.

EXT.P12: TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 16/03/2015.

RESPONDENT(S)' EXHIBITS :

NIL ----------------------- ms \\True copy// PS to Judge

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.10796/2015 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 1st Day of April, 2015

J U D G M E N T

The petitioner approached the Government in revision as per Ext.P12 disputing the seniority granted to the seventh respondent as well as giving approval to that appointment with effect from the date of appointment.

2.

In view of the fact that Ext.P12 is pending before the Government, there shall be a direction to the Government to consider and pass orders on Ext.P12 after hearing the petitioner and respondents 5 to 7 within a period of four months, and also after adverting to Ext.P9 judgment in W.P.(C).No.15219/2013 dated 18/02/2015. If the petitioner relies on some other judgments of this Court, that shall also be adverted to, before taking a decision on Ext.P12. The writ petition is disposed of as above. No costs.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ms