Balan E.K v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 3RD DAY OF MARCH 2015/12TH PHALGUNA, 1936 WP(C).No.27077 of 2014 (H) ------------------------------------------ PETITIONER:

------------------- BALAN E.K,S/O.KUNHIRAMAN, HIGH SCHOOL ASSISTANT (ENGLISH), RNM HIGHER SECONDARY SCHOOL, NARIPATTA,KAKKATTIL,KOZHIKODE DISTRICT.

BY ADV.SRI.ZUBAIR PULIKKOOL RESPONDENTS:

------------------------ 1.

STATE OF KERALA, REPRESENTED BY ITS GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM - 695 001.

2.

THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING,SANTHINAGAR, THIRUVANANTHAPURAM - 695001.

3.

THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION,KOZHIKODE,PIN-673 001.

4.

THE MANAGER,RNM HIGHER SECONDARY SCHOOL, NARIPATTA,KAKKATTIL,KOZHIKODE DISTRICT.

R1 TO R3 BY SENIOR GOVT. PLEADER SMT.RAJASREE M.J R4 BY ADV.SRI.R.K.MURALEEDHARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

pk

WP(C).No.27077 of 2014 (H) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS ------------------------------------- EXT.P1-TRUE COPY OF THE REPRESENTATION DATED 23-05-2013 TO THE 3RD RESPONDENT.

EXT.P2-PHOTOCOPY OF THE JUDGMENT IN WPC.22864/2013 DATED 12.9.2013. EXT.P3-TRUE COPY OF THE ORDER DATED 26-12-13 OF 3RD RESPONDENT. EXT.P4(a):A TRUE COPY OF THE COMMUNICATION TO THE HEADMASTER DATED 28.2.2013.

EXT.P4(b):A TRUE COPY OF THE PAPER PUBLICATION IN CHANDRIKA DAILY DATED 3.3.2013.

EXT.P4(c):A TRUE COPY OF THE RELEVANT PAGES OF THE ENTRIES IN THE SERVICE BOOK.

EXT.P4(d):A TRUE COPY OF THE APPEAL FILED BEFORE THE 2ND RESPONDENT.

RESPONDENT'S EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE pk

A.MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P.(C).No.27077 of 2014 ---------------------------------------------------- Dated this the 3rd day of March,2015

J U D G M E N T

--------------------------- The petitioner has approached this Court seeking for a direction to implement Ext.P3 order. Ext.P3 order is passed by the Regional Deputy Director, Higher Secondary Education upholding that the petitioner is entitled to be appointed as By transfer as HSST Junior (English). Challenging this order, the Manager has preferred R4(d) before the 2nd respondent. It is agreed by both parties that the 2nd respondent can be directed to take up R4(d). 2.

In view of the above, there shall be a direction to the 2nd respondent to dispose R4(d) appeal filed by the Manager before the 2nd respondent within a period of two months after hearing the petitioner and the Manager.

The writ petition is disposed of as above.

Sd/ A.MUHAMED MUSTAQUE, JUDGE jm/