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K.M. UNNIKRISHNAN versus THE DISTRICT EDUCATIONAL OFFICER

High Court of Kerala

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K.M. UNNIKRISHNAN v. THE DISTRICT EDUCATIONAL OFFICER - WP(C) No. 20399 of 2006(C) [2006] RD-KL 510 (17 August 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 20399 of 2006(C)

1. K.M.UNNIKRISHNAN,
... Petitioner

Vs

1. THE DISTRICT EDUCATIONAL OFFICER,
... Respondent

2. THE MANAGER, C.A.HIGH SCHOOL,

3. ANWAR SADATH, C.A.HIGH SCHOOL,

4. S.DIVAKARAN, S/O.SIVARAMAN,

For Petitioner :SRI.P.R.VENKETESH

For Respondent :SRI.GEORGE ABRAHAM

The Hon'ble MR. Justice A.K.BASHEER

Dated :17/08/2006

O R D E R

W.P.(C). NO. 20399 & 20445 OF 2006 1 .

A.K. BASHEER,J

W.P.(C). NO. 20399 & 20445 OF 2006

Dated this the 17th day of August 2006



JUDGMENT

Petitioners in these two writ petitions are claiming benefit of Rule 9A Chapter XXIV-A and Rule 51B Chapter XXIV (A) respectively. According to them their claim for appointment to the school under the management of respondent No.2. was overlooked and therefore they had approached respondent No.1 praying for issue of appropriate orders/directions to the management. By Ext.P4 order dated 18.05.2006, the District Educational Officer had directed the Manager to give suitable appointments to the petitioners in the school considering their qualifications. But the manager did not comply with the above direction. It is in the above circumstances that petitioner have filed these two Writ Petitions for appropriate reliefs.

2. The manager has filed counter affidavit in both cases. As regards the petitioner in Writ petition No.20399/06 it is primarily contended that petitioner's claim could not be considered since his application was belated. Further, it was not submitted in proper form and therefore it was not liable to be considered. As regards the claim of the other petitioner it is contended by the Manager that she W.P.(C). NO. 20399 & 20445 OF 2006 2 . is not eligible to get appointment under the compassionate appointment scheme since her family income is more than one lakh and also since she had suppressed material facts. I do not propose to deal with the contentions raised by the parties at this stage since learned counsel for the Manager submits that the two appeals preferred by him and the manager are pending consideration before the Government . It is further submited by the learned counsel for the Manager that the appeals have been posted in the last week of this month and that the Manager will co-operate with the appellate authority to hear and dispose of the matter without causing any delay. Learned counsel for the petitioners submits that the petitioners will also ensure that there is no delay in disposal of the appeals. In the above facts and circumstances the writ petition is disposed of with a direction to the Secretary, General Education Department, Government of Kerala who is impleaded as additional respondent No.5 and Respondent No.6 in these Writ Petitions respectively, to consider and pass orders on the appeals preferred by the Manager strictly on their merits in accordance with law as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. The manager shall not make any appointments in the School till a decision is taken by the Government. W.P.(C). NO. 20399 & 20445 OF 2006 3 .

A.K. BASHEER, JUDGE.

RV/


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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