Extracted from the PDF above. The PDF is authoritative.
2025:KER:28504
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 13464 OF 2025 PETITIONER:
ASWANTH JAYAKUMAR AGED 36 YEARS S/O. K.JAYAKUMAR, HST (SOCIAL SCIENCE), S K H S S, NALLEPPILLY, PALAKKAD NOW RESIDING AT PRABHATH BUILDING, ANICODE, CHITTUR, PALAKKAD, PIN - 678101 BY ADV U.BALAGANGADHARAN RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT (ANNEX) THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 3 THE DEPUTY DIRECTOR OF EDUCATION CIVIL STATION, ROBINSON ROAD PALAKKAD, PIN - 678001 4 THE DISTRICT EDUCATIONAL OFFICER ROBINSON ROAD, CIVIL STATION PALAKKAD, PIN - 678001
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5 MANAGER S K H S S, NALLEPPILLY, PALAKKAD, PIN - 678583 6 HEADMASTER, S K H S S, NALLEPPILLY, PALAKKAD, PIN - 678583 BY ADV.
SRI. V. VENUGOPAL, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT Dated this the 3rd day of April, 2025 The petitioner, who was appointed as HST (English) with effect from 10.02.2014, seeks approval for appointment against an established vacancy due to the promotion of Sri. Chandrasekhar to HSST on 01.12.2011. The petitioner possesses all necessary qualifications for the role and was appointed against one of two established vacancies created by promotions in the School. Despite being appointed, the petitioner's appointment was not approved by the authorities, leading to multiple rejections of their approval requests, both from the District Educational Officer and the Deputy Director of Education.
2. Subsequently, the petitioner took leave for personal matters from 02.07.2018 to 31.05.2023. The leave application was not processed due to the pending approval.
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The petitioner has now filed a Revision Petition on 10.03.2025, seeking approval of appointment as HST (English) against one of the two established vacancies and approval for leave without allowances for the period from 02.07.2018 to 31.05.2023. The petitioner contends that both vacancies still exist in the School and there are no legal or practical obstacles for approving the appointment.
3. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 4.
4. The Government Pleader would submit that Revision Petition filed by the petitioner is highly belated as the issue relates to the year 2015.
5. I find that Ext.P7 Revision Petition submitted by the petitioner is of a statutory nature. Therefore, the revisional authority can consider the issue of delay also. The
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petitioner has sought to explain the delay in the Revision Petition itself. In the circumstances of the case, the writ petition is
disposed of directing the 1st respondent to consider Ext.P7 Revision Petition and pass appropriate orders thereon in accordance with law, within a period of four months. Sd/- N.NAGARESH JUDGE spk
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APPENDIX OF WP(C) 13464/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF APPOINTMENT ORDER DATED 10.2.2014 Exhibit P2 A TRUE COPY OF ORDER DATED 25.7.2012 Exhibit P3 A TRUE COPY OF ORDER OF RDD DATED 13.1.2014 ALONG WITH TYPED COPY Exhibit P4 A TRUE COPY OF APPELLATE ORDER OF THE DEPUTY DIRECTOR OF EDUCATION DATED 9.4.2015 ALONG WITH TYPED COPY Exhibit P5 A TRUE COPY OF THE ORDER OF THE SECOND RESPONDENT DATED 12.11.2015 Exhibit P6 A TRUE COPY OF LEAVE APPLICATION DATE 2.7.2018 Exhibit P7 A TRUE COPY OF REVISION PETITION DATED 10.3.2025