SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Online)(KER) 23521

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
SIPCY V – Appellant
Versus
STATE OF KERALA – Respondent
WP(C)/33443/2022



Advocates:
V.A.MUHAMMED, M.SAJJAD

Administrative authorities must ensure fair consideration and timely decisions on appointments and related matters, reflecting procedural fairness.

Headnote:

Writ - Appointment - Act Section List - This judgment compels the administrative authority to review the appointment and take expedient actions on representation, balancing the rights of the petitioner against statutory obligations.

Fact of the Case:

The writ petition was filed by an individual seeking a directive to approve their appointment effective from June 1, 2017, and to expedite decisions regarding various related paperwork submitted to governmental authorities.

Issues: The primary issue was whether the administrative authority should be directed to approve the petitioner’s appointment and address pending matters efficiently.

Ratio Decidendi: The court held that procedural fairness necessitates the consideration of the petitioner’s documents and appeals by the administrative body within a stipulated time frame.

Final Decision: The writ petition is disposed of with directions to consider the petitioner’s request expeditiously.

JUDGMENT

The above writ petition is filed seeking the following reliefs:

i) Call for the records relating to Exhibits P3 and P5 and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.

(ii) issue a writ of mandamus or other appropriate writ, order, or direction commanding the respondents to approve the appointment of the petitioner from the initial date.

(iii) Issue a writ of mandamus or other appropriate writ, order, or direction commanding the 1st respondent to consider and pass orders on Exhibit P9 with notice to the petitioner and within a time limit.

2. When this writ petition was taken up for consideration, Sri.

M. Sajjad, the learned counsel appearing for the petitioner, submitted that direction be issued to the 1st respondent to consider Ext.P9 submitted by the petitioner for approval of the appointment of the petitioner with effect from 01.06.2017 and to disburse the consequential benefits.

3. Heard Smt. Mary Beena Joseph, the learned Senior Government Pleader. In view of the order that I propose to pass, no prejudice would be caused to the 5th respondent if notice is dispensed with.

4. After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar, and the facts and circumstances, I am of the view that this writ petition can be disposed of at the admission stage itself by issuing the following directions:

a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P9 submitted by the petitioner after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorized representative and the 5th respondent.

b) Orders, as directed above, shall be passed expeditiously, in any event, within four months from the date of production of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

avs

APPENDIX OF WP(C) 33443/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2017 Exhibit P1A TRUE COPY OF THE APPLICATION SUBMITTED BY THE THROUGH SAMANWAYA PORTAL DATED 30.07.2019 PETITIONER Exhibit P2 TRUE COPY OF THE REVISED STAFF FIXATION FOR THE YEAR 2017-18 VIDE ORDER NO.

B1/6232(1)/2017/D.DIS DATED 12.12.2017 OF THE DEO, KANNUR Exhibit P3 TRUE COPY OF THE ORDER NO. B1/2520/2017/K.DIS DATED 28.09.2017 OF THE DEO, KANNUR Exhibit P4 TRUE COPY OF THE APPEAL SUBMITTED BY THE MANAGER BEFORE THE DDE, KANNUR DATED 23.10.2017 Exhibit P5 TRUE COPY OF THE ORDER NO. B4/21327/17/K.DIS DATED 30.12.2017 OF THE DDE, KANNUR Exhibit P6 TRUE COPY OF THE REVISION APPEAL IS SUBMITTED BY THE MANAGER BEFORE THE DIRECTOR DATED 03.02.2018 Exhibit P7 TRUE COPY OF THE G.O(P) NO. 4/2021/G.EDN. DATED

06.02.2021 Exhibit P8 TRUE COPY OF THE PROCEEDINGS OF THE MANAGER VIDE ORDER NO. 1/2021 DATED 26.08.2021 Exhibit P9 TRUE COPY OF THE PETITION MOVED BY THE PETITIONER BEFORE THE GOVERNMENT DATED

22.09.2022 Exhibit P10 TRUE COPY OF THE K.TET CERTIFICATE OF THE PETITIONER VIDE ROLL NO. 301757 DATED 05.12.2019 Exhibit P11 TRUE COPY OF THE CERTIFICATE IN B.ED (MATHEMATICS) VIDE SL NO. 18529 DATED 12.02.2018 ISSUED BY THE KANNUR UNIVERSITY TO THE PETITIONER

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top