IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28886 of 2006(L)
1. SUGUNASEKHARAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. DIRECTOR OF HIGHER SECONDARY EDUCATION,
3. D.E.O.,
4. MANAGER,
5. C.V.GOKULDAS,
For Petitioner :SRI.PAULSON THOMAS
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice K.T.SANKARAN
Dated :09/06/2008
O R D E R
K.T. SANKARAN,J.
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W.P.(C) No.28886 of 2006 L
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Dated this the 9th day of June, 2008.
J U D G M E N T
The reliefs prayed for in the Writ Petition are the following:-
“i) issue a writ of certiorari
quashing Ext.P4
ii) declare that the petitioner is
entitled for approval as F.T.M. at least w.e.f.
1.6.2001 on which date the said vacancy has
become regular due to the approval of the 5th
respondent as Clerk. in whose resultant
vacancy petitioner was appointed as F.T.M.
w.e.f. 3.6.1999.
iii) direct the 3rd respondent to
approve the appointment of the petitioner as
F.T.M. w.e.f. 1.6.2001 ie. in the resultant
vacancy of the 5th respondent who was
appointed as clerk, subject to the right of the
petitioner to agitate his claim for approval as
F.T.M. w.e.f. 3.6.1999 his original date of
appointment. in WP (C) 12202/2006.”
WP(C) No.28886/2006
2
2. After filing the Writ Petition, the petitioner has submitted
Ext.P5 revision dated 20.5.2008 before the Government challenging Ext.P4
order. The limited prayer made by the petitioner is that the Government may be
directed to dispose of Ext.P5 revision. In Ext.P4 order dated 3.10.2006 issued
by the third respondent, the District Educational Officer, Palakkad, it is stated
that the proposal of appointment of the petitioner as Full Time Menial was not
received in the office of the third respondent. The learned counsel for the
petitioner submits that Ext.P4 order dated 3.10.2006 relates to the merits also. I
am not expressing any opinion on that question. According to the Government
Pleader, the petitioner is not entitled to challenge Ext.P4 order in Ext.P5 revision.
This is a matter to be looked into by the Government while considering Ext.P5
revision.
3. Accordingly, there will be a direction to the first
respondent to dispose of Ext.P5 revision dated 20.5.2008 as expeditiously as
possible and at any rate within a period of four months from today, after affording
an opportunity of being heard to the petitioner and the Manager of the school.
The Writ Petition is disposed of as above.
K.T. SANKARAN,
JUDGE.
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