LAKSHMINARAYANAN A Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners, who are stated to be working as teachers in the ADV UP School, Peringandoor, under the management of the 6th respondent-Manager, is before this Court seeking a direction to the 4th respondent- Assistant Educational Officer (AEO) to declare their probation in their respective posts, under the provisions of Chapter XIVA of the Kerala Education Rules (KER for short). A consequential direction has also been sought by the petitioners to the 4th respondent for sanctioning the annual increments entitled to them as per the Rules during the appropriate period of service.

(2.) The petitioners, however, concede that they have already invoked their statutory remedy by preferring Exts.P10 and P11 Revision, under the provisions of Rule 92, Chapter XIVA of the Kerala Education Rules (KER for short); and alternatively pray that the same be directed to be taken up and disposed of at the earliest.

(3.) In response to the afore submissions made on behalf of the petitioner by their learned counsel, Sri.U.Balagangadharan, the learned Government Pleader, Smt.Nisha Bose, submitted that since the petitioners have already invoked their alternative statutory remedy, this Court may not consider their contentions on its merits and permit the competent Secretary of the Government of Kerala to consider Exts.P10 and P11 statutory Revisions as per law. She further prayed that this Court may not make any affirmative declarations on the entitlement of the petitioners to any relief and leave to the competent Authority to take a final decision thereon as per law.