High Court of KeralaWP(C)/23986/2015disposed of

M.Abdussalam v. The State Of Kerala

2015-08-07Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 7TH DAY OF AUGUST 2015/16TH SRAVANA, 1937 WP(C).NO. 23986 OF 2015 (W) ---------------------------- PETITIONER(S):

-------------- M.ABDUSSALAM, SON OF M.HASSAIN, AGED 29 YEARS H.S.A (ENGLISH), V.V.M.H.S.S MARAKKARA MALAPPURAM DISTRICT BY ADVS.SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001

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

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

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

5. THE MANAGER, V.V.M.H.S.S.MARAKKARA, MALAPPURAM DISTRICT -676 553

6. THE HEADMASTER,V.V.M.H.S.S.MARAKKARA, MALAPPURAM DISTRICT -676 553 BY GOVERNMENT PLEADER SMT.M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).NO. 23986 OF 2015 (W) APPENDIX PETITIONER'S EXHIBITS:

EXT.P1: TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 20.01..2011 EXT.P2: TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 3.6.2013 EXT.P3: TRUE COPY OF THE FORM OF NOMINATION OF THE PETITIONER DATED 29.09.2014 EXT.P4: TRUE COPY OF THE ORDER OF THE DISTRICT EDUCATIONAL OFFICER DATED 14.11.2014 EXT.P5: TRUE COPY OF THE REVISION PETITION OF THE PETITIONER BEFORE THE HON'BLE CHIEF MINISTER DATED 16.01.2015 EXT.P6: TRUE COPY OF THE REVISION PETITION OF THE PETITIONER BEFORE THE GOVERNMENT DATED 28.03.2015, WITHOUT EXHIBITS RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P A TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. W.P.(C).No.23986 of 2015 ............................................................. Dated this the 7th day of August, 2015 J U D G M E N T Aggrieved by the denial of approval to the appointment of the petitioner with effect from 20.01.2011, as well as the non-inclusion of the petitioner in the Provident Fund Scheme, the petitioner has preferred Exts.P5 representation and P6 revision petition before the 1st respondent. Although Ext.P5 representation is addressed to the Chief Minister, being a representation against the non-inclusion of the petitioner in the Provident Fund Scheme, the same can be considered by the 1st respondent. The limited prayer of the petitioner in the writ petition is for a direction to the 1st respondent to consider and pass orders on Exts.P5 and P6 expeditiously after hearing the petitioner.

2. I have heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with a direction to the 1st respondent to consider and pass orders on

W.P.(C).No.23986 of 2015 Exts.P5 and P6 preferred by the petitioner within a period of two months from the date of receipt of a copy of this judgment after hearing the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of this judgment before the 1st respondent for further action.

A.K.JAYASANKARAN NAMBIAR JUDGE mns