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High Court of KeralaWP(C)/27855/2015disposed of

Shamnad A v. State Of Kerala

2015-09-15Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 15TH DAY OF SEPTEMBER 2015/24TH BHADRA, 1937 WP(C).No. 27855 of 2015 (F) ---------------------------- PETITIONER:

------------------ SHAMNAD. A., AGED 31 YEARS PART TIME L.G. (URUDU), UPSA, IGMVHSS, MANGAKKALA PATHANAPURAM, KOLLAM DISTRICT, RESIDING AT KURANTHARA PUTHEN VEEDU, KARALIKONAM, ARKANNOOR P.O., KOLLAM-691 533.

BY ADV. SRI.S.SHAJI RESPONDENTS:

----------------------

1. STATE OF KERALA REPRESENTED BY ITS SECRETARY GENERAL EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT THIRUVANABNTHAPURAM - 695 001.

2. THE DIRECTOR OF PUBLIC INSTRUCTIONS DIRECTORATE OF PUBLIC INSTRUCTION JAGATHI, THIRUVANABNTHAPURAM-691 001.

3.

THE DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER KOTTARAKKARA, KOLLAM DISTRICT-691 508.

4.

THE HEADMISTRESS IGMVHSS, MANJAKKALA PATHANAPURAM, KOLLAM-691 508.

5.

THE MANAGER IGMVHSS, MANJAKKALA PATHANAPURAM, KOLLAM-691 508.

BY GOVERNMENT PLEADER SMT. A. LOWSY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 27855 of 2015 (F) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 - COPY OF THE APPOINTMENT ORDER DATED 20.07.2006 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P2 - COPY OF THE G.O.(P) NO.10/10G.EDN. DATED 12.01.2010. EXHIBIT P3 - COPY OF THE ONE DAY VERIFICATION REPORT DATED 12.07.2006 OF THE IGMVHSS, MANJAKKALA.

EXHIBIT P4 - COPY OF THE HIGHER LEVEL VERIFICATION REPORT DATED 23.11.2006 EXHIBIT P5 - COPY OF THE REPRESENTATION DATED 20.08.2015 BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A. TO JUDGE sp

K. VINOD CHANDRAN, J.

--------------------------------------- W.P(C). No.27855 of 2015 --------------------------------------- Dated this the 15th day of September, 2015.

JUDGMENT

The petitioner was appointed as a Part Time Urudu teacher on 20.07.2006, but his appointment was approved with effect from 01.06.2011. The petitioner submits that it is violation of Rule 6(c) of Chapter XXIII of KER and Ext.P4 report. The petitioner approached the first respondent by filing Ext.P5 representation contending that, he is eligible to promote as Full Time LG (Urudu) with effect from 20.07.2011, since, the petitioner has completed five years' service in the cadre of Part Time, but the same is not considered so far. The prayer of the petitioner is to direct the first respondent to consider and dispose of Ext.P5 appeal within a reasonable period.

In such circumstances, there will be a direction to the first respondent to consider and dispose of Ext.P5 representation as

W.P(C). No.27855 of 2015 expeditiously as possible and after giving an opportunity of hearing to the petitioner, at any rate, within four months from the date of receipt of a certified copy of this judgment. It is made clear that, this Court has not made any observation on merits, which the first respondent will consider in accordance with law. The writ petition is disposed of.

Sd/- K. VINOD CHANDRAN, JUDGE sp