HAFIS, v. STATE OF KERALA.
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-07-30. HAFIS, v. STATE OF KERALA. Read the judgment and case details on LawSphereX.
Judgment text
WPC. No. 11180/2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ZIYAD RAHMAN A. A. TH TUESDAY, THE 30 DAY OF JULY 2024 / 8TH SRAVANA, 1946 WP(C) NO. 11180 OF 2024 PETITIONER: HAFIS, AGED 40 YEARS, S/O. ABDU RAHIMAN, PURAYIL HOUSE, PUTHOOR P. O, OMASSERY(VIA) KOZHIKODE, PIN – 673 582. BY ADVS. K. MOHANAKANNAN D. S. THUSHARA RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM, PIN – 695 001. 2 THE DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY THIRUVANANTHAPURAM-, PIN – 695 014. 3 THE DEPUTY DIRECTOR OF EDUCATION, TAZHEKKOD, KOZHIKODE, PIN – 673 004. 4 THE DISTRICT EDUCATIONAL OFFICER, THAMARASSERI, KOZHIKODE, PIN – 673 573. 5 THE MANAGER, KUNNAMANGALAM HIGHER SECONDARY SCHOOL, KUNNAMANGALAM P. O, KOZHIKODE, PIN – 673 571. BY ADVS. SMT. K. G.
SAROJINI, GOVERNMENT PLEADER Nandakumar P VIVEK VIJAYAKUMAR(K/1018/2016) SILPA SREEKUMAR(K/228/2023) MERIN K JIMMY(K/003922/2023) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30. 07. 2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. No. 11180/2024 2 JUDGMENT The petitioner is presently working as L. G. Arabic Teacher th with effect from 15. 07. 2021 in the School managed by the 5 respondent. The case of the petitioner is that, despite the fact that he had the right to be appointed as HST (Arabic) on the basis of Rule 51 A of Chapter XIV A KER, the Manager did not grant appointment. Therefore, the petitioner moved the authorities concerned, which ultimately resulted in an Ext. P8 order passed by the 3rd respondent directing the 5th respondent Manager to give an appointment to the petitioner as HST (Arabic) and to make necessary adjustments in the post. On the basis of Ext. P8, Ext.
P9 th th order was issued by the 4 respondent directing the 5 respondent to implement Ext. P8. As no action has been taken for implementing Ext. P8 and P9, this writ petition was submitted by the petitioner seeking the following reliefs: “(i) To issue a Writ of mandamus or any other appropriate Writ order or direction directing the Respondents 3 and 4 to ensure that Ext. P8 is th implemented by the 5 Respondent within a time frame to be fixed by this Hon'ble Court; WPC. No. 11180/2024 3 (ii) To issue a Writ of mandamus or any other appropriate writ order or direction directing the th 5 Respondent to implement Ext. P8 and P9 and to produce the order before this Hon'ble Court within a time frame to be fixed by this Hon'ble Court; (iii) To issue a Writ of mandamus or any other appropriate Writ order or direction directing the Respondents 3 and 4 to ensure that Ext.
P8 is th implemented by the 5 Respondent and the Petitioner is appointed as HST(Arabic) within a time frame to be fixed by this Hon'ble Court; (iv) To dispense with filing of the translation of vernacular documents; (v) To grant such other and further reliefs as are just, proper and necessary in the facts and circumstances of the case. th 2. A counter affidavit has been placed on record by the 5 respondent, wherein it was contended that the petitioner does not have any right to claim Rule 51A of Chapter XIV A KER, in view of the fact that the petitioner himself left the job and it is not a termination which enables him to claim right under Rule 51A. Besides, it was also contended that the vacancy of HST (Arabic) has been filled up by appointing one Mr. Subair M. K with effect from 01. 06. 2021, who was a claimant under Rule 43 of Chapter WPC. No. 11180/2024 4 XIV A of KER. Therefore, it is contended that the prayer sought by the petitioner cannot be entertained. As far as Ext.
P8 order is th concerned, the 5 respondent had already invoked the statutory nd remedy by submitting an appeal before the 2 respondent dated 04. 01. 2024, which is produced before this Court along with a memo dated 26. 07. 2024. 3. I have heard Sri. K. Mohanakannan, learned counsel for the petitioner, Smt. K. G. Sarojini, learned Government Pleader and th Sri. P. Nandakumar, learned counsel for the 5 respondent. 4. The claim of the petitioner under Rule 51 A is seriously th disputed by the 5 respondent and according to him, the finding in Ext. P8 upholding the right of the petitioner is not legally th justifiable. It is also discernible that the 5 respondent has already invoked the statutory remedy by submitting an appeal nd before the 2 respondent, which is now pending consideration. nd Therefore, it is only proper that the issue be decided by the 2 respondent within a time frame.
In such circumstances, I am inclined to dispose of this writ petition without entering into any finding on the merits and nd directing the 2 respondent to take up the appeal dated WPC. No. 11180/2024 5 th 04. 01. 2024 submitted by the 5 respondent against Ext. P8 order. nd A decision in this regard shall be taken by the 2 respondent after th hearing the petitioner, the 5 respondent and Sri. Subair M. K, the person who is now working in the post of HST (Arabic) in the th School managed by the 5 respondent. The decision in this regard shall be taken within a period of two months from the date of receipt of a copy of this judgment. Sd/- ZIYAD RAHMAN A. A. JUDGE DG/29. 7.
24 APPENDIX OF WP(C) 11180/2024 PETITIONER EXHIBITS TRUE COPY OF THE COMMUNICATION SENT BY THE MANAGER TO THE HEADMASTER DATED 15-7- 2021 TRUE COPY OF THE DECLARATION GIVEN BY THE MANAGER DATED 6-6-2019 TRUE COPY OF THE RELEVANT PAGES (18-25) OF THE SERVICE BOOK OF THE PETITIONER TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 3 RD RESPONDENT DATED 4-8-2021 TRUE COPY OF THE COVERING LETTER DATED 4- 8- 2021 OF THE HM TO THE 3 RD RESPONDENT TRUE COPY OF THE HEARING NOTICE DATED 16- 7- 2022 OF THE 3 RD RESPONDENT TRUE COPY OF THE ARGUMENT NOTE SUBMITTED BY THE PETITIONER BEFORE THE 3 RD RESPONDENT 06-08-2022 TRUE COPY OF THE ORDER NO. B1/11404/ 2021 DATED 29-12-2023 ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE TRUE COPY OF THE PROCEEDINGS NO. DEOTSY/589/2023-B2 DATED 10-2-2024 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, THAMARASSERY
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