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2026 Supreme(Online)(Ker) 14409

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
K MANOJ – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 7094 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.U.BALAGANGADHARAN, SRI.R.PRADEEP KUMAR, SMT.NAMITHA GEORGE, SMT.STENEY K.A.
For the Respondents: SRI.VENUGOPAL V,GP

The court establishes the procedure for appealing decisions regarding educational employment seniority with requisite timelines for consideration.

Headnote:This Writ Petition relates to the assignment of seniority under Rule 37(2) of Chapter XIVA of KER. The petitioner seeks to challenge certain orders impacting his seniority and promotion rights. The Court directs the petitioner to file an appeal against the contested order, mandating a timely and just review of the appeal. The Writ Petition is disposed of with directions for expeditious action on the appeal.

Table of Content
1. the petition addresses seniority and promotion rights. (Para 1)
2. the court allows the petitioner to appeal against the order. (Para 2)
3. court mandates expedited consideration of the appeal. (Para 3)

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"1.Call for the records leading to Ext.P.5, Ext.P.6 and Ext.P.9 and set aside the same by issuing writ in the nature of certiorari;.

2.Issue writ in the nature of mandamus commanding the 5th respondent to assign appropriate seniority to the petitioner above 6th respondent taking into account Rule 37(2) of Chapter XIVA of KER in Ext.P5.

3.Declare that the petitioner is entitled to be placed above 6th respondent in Ext.P.5 seniority list under consideration and he is entitled to be promoted as HM in the ensuing vacancy;

4.Such other reliefs that the Hon’ble Court deem fit and proper in the facts and circumstances of the case.

5. Dispense with the production of English translation of the vernacular Exhibits produced in the Writ Petition [ c ]"

[SIC]

2. When this writ petition came up for consideration, the learned Government Pleader submitted that, Ext.P9 is an appealable order before the Government. At this stage, counsel for the petitioner submitted that the petitioner will file an appeal, and there may be a direction to consider the same.

3. If that is the case, there can be a direction to consider the appeal. Therefore, this writ petition is disposed of with the following directions:

i) The petitioner is free to file an appeal against Ext.P9 before the 1st respondent, as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment.

ii) If such an appeal is received, the 1st respondent will consider the same, and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner and respondents 5 and 6, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of the appeal.

Sd/-

P.V.KUNHIKRISHNAN JUDGE AJ

Judgment reserved NA
Date of Judgment 24.02.2026
Judgment dictated 24.02.2026
Draft judgment placed 26.02.2026
Final Judgment uploaded 27.02.2026
PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE APPOINTMENT ORDER DATED 2.6.1997 IS ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER Exhibit P2 A TRUE COPY OF THE APPOINTMENT ORDER DATED 2.6.1997 ISSUED BY THE 5TH RESPONDENT TO THE 6TH RESPONDENT Exhibit P3 A TRUE COPY OF THE LETTER OF RELINQUISHMENT DATED 1.1.1997 Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED

13.3.2025 IN WP[C] NO. 9866 OF 2025 Exhibit P5 A TRUE COPY OF APPROVED SENIORITY LIST AS ON 1.1.2024 APPROVED ON 12.3.2025 Exhibit P6 A TRUE COPY OF THE ORDER DATED

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