2025:KER:27248 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 12808 OF 2025 PETITIONER: HARSHA V.P. AGED 32 YEARS, W/O RAMEESH P., LPST,NADUPPOYIL, U.P. SCHOOL, VATAYAM, KOZHIKODE DISTRICT (RESIDING ATVALIYAPOYIL, NEDUMANNUR P.O., KOZHIKODE DISTRICT), PIN – 673507. BY ADVS. V.A.MUHAMMED M.SAJJAD RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM, PIN – 695001. W.P.(C)No.12808 of 2025 :2: 2025:KER:27248 2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN – 695014. 3 THE ASSISTANT EDUCATIONAL OFFICER KUNNUMMAL, KOZHIKODE DISTRICT, PIN – 673507. 4 THE MANAGER, NADUPPOYIL, U.P. SCHOOL, VATAYAM, KOZHIKODE DISTRICT, PIN – 673507. 5 THE HEADMASTER, NADUPPOYIL, U.P. SCHOOL, VATAYAM, KOZHIKODE DISTRICT, PIN – 673507. BY ADV.SRI.VENUGOPAL V., SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.12808 of 2025 :3: 2025:KER:27248 J U D G M E N T Dated this the 28th day of March, 2025 The petitioner states that the petitioner was appointed in the School as LPST from 16.10.2024 onwards as against an additional post. Approval to Ext.P1 was, however, declined by the 3rd respondent, stating that the vacancy has not been established. 2. The petitioner was under the bona fide impression that the Manager would have taken up Ext.P3 in appeal before the appropriate authority through Samanwaya. Recently, it was realised that the Manager has not taken Ext.P3 in appeal and therefore, the petitioner moved a Rule 92 revision petition before the Government, which is pending. 3. The petitioner submits that two more additional posts in LP section and two more additional posts in UP Section were admissible in the School, going by the Staff Fixation Order W.P.(C)No.12808 of 2025 :4: 2025:KER:27248 for 2022-'23. The petitioner further submits that in the light of Ext.P6, the appointment of the petitioner is liable to be approved. However, it would appear that the Manager did not take up follow-up action to get the post in which the petitioner was appointed formally sanctioned. Inaction on the part of the Manager by itself cannot decide the fate of petitioner. The petitioner asserted that Exts.P6, P7 and P8 are cardinal documents which would support the appointment of the petitioner and continuance in service. 4. I have heard the learned Counsel for the petitioner and the learned Government Pleader representing respondents 1 to 3. 5. The petitioner would submit that the petitioner was appointed as LPST from 16.10.2024 as per Ext.P1. The appointment was not approved by the 3rd respondent stating that the vacancy has not been established. According to the petitioner, there was sanctioned post to accommodate the W.P.(C)No.12808 of 2025 :5: 2025:KER:27248 petitioner, though sanction order was issued belatedly. 6. Be that as it may, from the pleadings I find that the petitioner has preferred Ext.P4 revision petition before the 1st respondent. In the facts of the case, Ext.P4 being a statutory revision petition, it would be only just and proper that the 1st respondent considers the same and takes a decision in accordance with law. The writ petition is accordingly disposed of directing the 1st respondent to consider Ext.P4 revision petition and take appropriate decision thereon in accordance with law within a period of four months, after giving an opportunity of hearing to the petitioner. Sd/- N. NAGARESH JUDGE ams W.P.(C)No.12808 of 2025 :6: 2025:KER:27248 APPENDIX OF WP(C) 12808/2025 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 16.10.2024 Exhibit P-2 TRUE COPY OF THE STATEMENT OF CHANGE OF STAFF SUBMITTED BY THE MANAGER DATED 16.10.2024 Exhibit P-3 TRUE COPY OF THE ORDER NO. F/791871/2024 DATED 26.12.2024 OF THE AEO, KUNNUMMAL Exhibit P-4 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 15.03.2025 (WITHOUT EXHIBITS) Exhibit P-5 TRUE COPY OF THE DECISION REPORTED IN 1987 KHC 145= 1987 (1) KLT 472 (RAVINDRA BABU V. STATE OF KERALA) DATED 17.02.1987 Exhibit P-6 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2022-23 VIDE NO. D.DIS F/46586/2022 DATED 22.08.2022 ISSUED BY THE AEO, KUNNUMMAL Exhibit P-7 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2023-24 VIDE NO. D. DIS F/60694/2023 DATED 30.09.2024 ISSUED BY THE AEO, KUNNUMMAL Exhibit P-8 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2024-25 VIDE NO. D. DIS .F/779137/2024 DATED 09.12.2024 ISSUED BY THE AEO, KUNNUMMAL W.P.(C)No.12808 of 2025 :7: 2025:KER:27248 Exhibit P-9 TRUE COPY OF THE ORDER IN SLP (C) NO. 11373/2024 DATED 04.03.2025OF THE HON’BLE SUPREME COURT Exhibit P-10 TRUE COPY OF THE G.O(MS) NO. 43/2025/G.EDN. DATED 17.03.2025