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High Court of KeralaWP(C)/19616/2015disposed of

Jayachandran M v. State Of Kerala

2015-06-30Honourable Dr. Justice A.K.Jayasankaran Nambiar5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 30TH DAY OF JUNE 2015/9TH ASHADHA, 1937 ---------------------------- PETITIONER(S):

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1. JAYACHANDRAN. M., S/O.CHANDRASHEKARAN NAIR, CHANDRANIVAS, VALLIKKAPPATTA P.O., MANKADA (VIA), MALAPPURAM DISTRICT-679 324.

2. MUHAMMEDALI. K., S/O.MOIDEEN.K, KARATT HOUSE, VALLIKKAPPATTA P.O., MANKADA (VIA), MALAPPURAM DISTRICT- 679 324.

3. RAJEENA. E., D/O.ABDULLA.P, EDAPPATTA HOUSE, THRIKKALANGODE P.O., PALLIPPADI, MAJERI (VIA), MALAPPURAM DISTRICT-676 123.

4. RAJEESH.M., S/O.RAJAGOPALAN A.K., SREEVALSAM HOUSE, VALLIKKAPPATTA P.O., MANKADA (VIA), MALAPPURAM DISTRICT- 679 324.

5. MUSTAFA.M., AGED 35 YEARS, S/O.ABDULLA, MANGATT HOUSE, PAZHOOR P.O., S.ARYANKODE, MAVOOR, KOZHIKODE DISTRICT-673 661.

6. SOORAJ. A., S/O.JAYACHANDRAN.M, CHANDRANIVAS, VALLIKKAPPATTA P.O., MANKADA (VIA), MALAPPURAM DISTRICT-679 324.

7. MUHAMMED ABDURAHIMAN C.V., S/O.HUSSAIN M.C., MELECHETTIYAM VEETTIL HOUSE, MEDICAL COLLEGE (VIA), KOZHIKODE DISTRICT- 673 008. BY ADV. SRI.P.K.MOHAMED JAMEEL.

RESPONDENT(S):

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

2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-695 014.

3. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM-679 328, MALAPPURAM DISTRICT.

4. THE MANAGER, KERALA SCHOOL FOR THE BLIND, VALLIKKAPATTA P.O., MALAPPURAM DISTRICT-673 639. R1 TO R3 BY GOVT. PLEADER SMT.M.J. RAJASREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT-P1:

THE TRUE COPY OF THE APPOINTMENT ORDER OF 1ST PETITIONER DATED 01.02.2011.

EXHIBIT-P2:

THE TRUE COPY OF THE APPOINTMENT ORDER OF 2ND PETITIONER DATED 21.02.2011.

EXHIBIT-P3:

THE TRUE COPY OF THE APPOINTMENT ORDER OF 3RD PETITIONER DATED 15.07.2010.

EXHIBIT-P4:

THE TRUE COPY OF THE APPOINTMENT ORDER OF 4TH PETITIONER DATED 21.02.2011.

EXHIBIT-P5:

THE TRUE COPY OF THE APPOINTMENT ORDER OF 5TH PETITIONER DATED 06.01.2014.

EXHIBIT-P6:

THE TRUE COPY OF THE APPOINTMENT ORDER OF 6TH PETITIONER DATED 11.02.2015.

EXHIBIT-P7:

THE TRUE COPY OF THE APPOINTMENT ORDER OF 7TH PETITIONER DATED 07.01.2014.

EXHIBIT-P8:

THE TRUE COPY OF THE ORDER PASSED BY 3RD RESPONDENT ON 31.03.2012 REJECTING THE APPROVAL OF 1ST PETITIONER. EXHIBIT-P9:

THE TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT ON 31.03.2012 REJECTING THE APPROVAL OF 2ND PETITIONER.

EXHIBIT-P10:

THE TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT ON 22.10.2013 REJECTING THE APPROVAL OF 3RD PETITIONER.

EXHIBIT-P11:

THE TRUE COPY OF THE CIRCULAR DATED 10.04.2012. EXHIBIT-P12:

THE TRUE COPY OF THE REVISION DATED 08.06.2015 SUBMITTED BEFORE THE 1ST RESPONDENT.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 19616 of 2015 ===================================================== Dated this the 30th day of June, 2015

JUDGMENT

Aggrieved by the denial of approval to the appointment of the petitioners to various posts under the category of non-teaching staff, petitioners have approached the 1st respondent through Ext.P12 revision petition. The limited prayer in the writ petition is for a direction to the 1st respondent to consider and pass orders expeditiously on Ext.P12 revision petition, after hearing the petitioners, and taking note of Ext.P11 circular. 2.

I have heard the learned counsel appearing for the petitioner and the learned Government Pleader appearing for the respondents.

On a consideration of the facts and circumstances of the case and the submissions made across the bar, I dispose the writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P12 revision petition, after hearing the petitioners, within a period of two months from the date of receipt of a copy of this judgment. While passing orders as directed, the 1st respondent

-2W.P.(C). No. 19616 of 2015 shall also take note of Ext.P11 circular, that was issued by the Government. The petitioners shall produce a copy of the writ petition, together with a copy of this judgment before the 1st respondent, for further action.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das