2025:KER:28997 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. 40829 OF 2024 PETITIONER: AMALJITH C S AGED 29 YEARS, S/O. LATE SURENDRAN UPST, MUCHUKUNNU NORTH UP SCHOOL, MUCHUKUNNU, KOZHIKODE DISTRICT, PIN – 673307. BY ADVS. R.K.MURALEEDHARAN ATHIRA A.MENON HARISANKAR.K.V. RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. 2 THE DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION, JAGATHI, THIRUVANANTHAPURAM, PIN – 695014. W.P.(C)No.40829 of 2024 :2: 2025:KER:28997 3 ADDITIONAL DIRECTOR (ACADEMIC) DIRECTORATE OF GENERAL EDUCATION, JAGATHI, THIRUVANANTHAPURAM, PIN – 695014. 4 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER MELADI, KOZHIKODE, PIN – 673522. 5 THE MANAGER, MUCHUKUNNU NORTH UP SCHOOL, MUCHUKUNNU, KOZHIKODE DISTRICT, PIN – 673307. BY ADV.SRI.PREMCHAND R. NAIR, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.40829 of 2024 :3: 2025:KER:28997 J U D G M E N T Dated this the 3rd day of April, 2025 The petitioner is aggrieved by the order issued by the 3rd respondent rejecting the revision filed under Rule 8A of Chapter XIVA of KER mainly on the ground of violation of principles of natural justice. 2. The petitioner, on the basis of Rule 51B claim, was appointed as UPST in an additional post during 2018-'19. The 4th respondent has not sanctioned the additional post for want of accommodation stating that one building did not have the required height. However, the buildings were considered before Staff Fixation 1984-'85 and the Government in appeal, W.P.(C)No.40829 of 2024 :4: 2025:KER:28997 allowed the claim and directed to revise the Staff Fixation as per Ext.P3. 3. Ext.P4 order was issued revising the Staff Fixation by sanctioning one additional post each during 2017-'18 and 2018-'19. But after taking two years and four months, the 4th respondent rejected the proposal stating that a senior appointee is awaiting approval and that there is no vacancy to accommodate the petitioner during 2019-'20. The petitioner filed revision before the 2nd respondent and the 2nd respondent, without hearing the petitioner, issued Ext.P7 on totally irrelevant reasons. 4. I have heard the learned Counsel for the petitioner and the learned Senior Government Pleader representing respondents 1 to 4. 5. The petitioner is aggrieved by Ext.P7. The petitioner would submit that Ext.P7 order has been issued by W.P.(C)No.40829 of 2024 :5: 2025:KER:28997 the 3rd respondent in a statutory revision under Rule 8A, violating the principles of natural justice. Ext.P5 order was issued by the 4th respondent as against the appointment of the petitioner from 29.06.2018, after revising the Staff Fixation based on Ext.P3 order. However, the proposal was considered only after two years and four months. There is inordinate delay and laches on the part of the 4th respondent in considering the proposal. Had the petitioner was granted an opportunity of personal hearing, the petitioner could have convinced the 2nd respondent about the merits of his claim. 6. Going through Ext.P7, I find that the petitioner was not heard in the matter. Though Ext.P7 is a speaking order, the grounds urged by the petitioner are not entirely dealt with. In the circumstances, the writ petition is disposed of setting aside Ext.P7 and directing the 2nd respondent to pass fresh orders on Ext.P6 appeal preferred by the petitioner within W.P.(C)No.40829 of 2024 :6: 2025:KER:28997 a period of three months, after giving an opportunity of personal hearing to the petitioner. It is made clear that this Court has not pronounced anything on the merits of the claims of the petitioner. Sd/- N. NAGARESH JUDGE ams W.P.(C)No.40829 of 2024 :7: 2025:KER:28997 APPENDIX OF WP(C) 40829/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 29.06.2018 Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE STAFF FIXATION ORDER NO. D.DIS/2199/2018 DATED 03.07.2018 Exhibit P3 TRUE COPY OF THE GO(RT) NO. 3074/2020/G.EDN ISSUED BY THE GOVERNMENT DATED 12.11.2020 Exhibit P4 TRUE COPY OF THE ORDER NO. D 2591/2020 OF THE 4TH RESPONDENT DATED 24.02.2021 Exhibit P5 TRUE COPY OF THE ORDER NO. D/6881/2021 DATED 27.06.2023 ISSUED BY THE 4TH RESPONDENT Exhibit P6 TRUE COPY OF THE REVISION FILED BEFORE THE 2ND RESPONDENT Exhibit P7 TRUE COPY OF THE ORDER NO. G2/215927/2023/DGE DATED 26.10.2024 ISSUED BY THE 3RD RESPONDENT