WP(C) NO. 9431 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
WP(C) NO. 9431 OF 2022
PETITIONER/S:
1 JIS CLEETUS .E
W/O ARUN MATHEW K, ETTURUTHIL HOUSE,
PALARIVATTOM P O, KOCHI-682025. WORKING AS H.S.S.T
(PHYSICS), C. C .P .L .M .A I .H .S.SCHOOL,
PERUMANOOR P O, THEVARA, PIN-682015.
2 JEENA THOMAS.
W/O BAIJUMON JOSEPH, ERRATTUPUZHA HOUSE,
NEAR KVM HOSPITAL (WEST), CHERTHALA,
ALAPPUZHA, PIN-682040, WORKING AS H.S.S.T
(CHEMISTRY),
C. C .P .L .M .A I .H .S.SCHOOL, PERUMANOOR P O,
THEVARA, PIN-682015.
3 TANYA PADUA.
W/O ANTONY NIXON D'CUNHA, "STAR DALE", KONTHURUTHY,
THEVARA P O, PIN-682015, WORKING AS H.S.S.T (COMPUTER
SCIENCE), C. C .P .L .M .A I .H .S.SCHOOL,
PERUMANOOR P O, THEVARA, PIN-682015.
4 ANSA MARY
W/L SAJIN XAVIER, POOTHAMPILLY HOUSE, TOLLGATE ROAD,
VADUTHALA, KOZHI-682023, WORKING AS H.S.S.T (MATHS),
C. C .P .L .M .A I .H .S.SCHOOL, PERUMANOOR P O,
THEVARA, PIN-682015.
5 SARITHA M S.
W/O JUSTIN V A, MAVUMGAL HOUSE, KANNAMALY P O,
KOCHI-682008, WORKING AS H.S.S.T (MALAYALAM) JUNIOR,
C. C .P .L .M .A I .H .S.SCHOOL, PERUMANOOR P O,
THEVARA, PIN-682015.
BY ADV V.VIJULAL
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
WP(C) NO. 9431 OF 2022 2
2 THE DIRECTOR OF GENERAL EDUCATION,
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN-695014.
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION
OFFICE OF REGIONAL DEPUTY DIRECTOR OF HIGHER
SECONDARY EDUCATION, S.R.V.SCHOOL BUILDING, M G ROAD,
ERNAKULAM SOUTH, PIN-682011.
4 THE DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
ERNAKULAM, KAKKANAD, PIN-682030, OFFICIATING AS
MANAGER. CENTRAL BOARD OF ANGLO-INDIAN EDUCATION
(REG.NO.9/1953), PERUMANOOR P O, KOCHI-682015.
SMT NISHA BOSE, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9431 OF 2022 3
JUDGMENT
The petitioners contend that they are working as H.S.S.Ts and H.S.S.T (Jr.) at the C.C.P.L.M.A.I.H.S.S, Perumanoor. Their appointments have been duly approved by the 3rd respondent by order dated 15.11.2018. Their grievance is that their probation has not been declared by the 4th respondent despite the fact that they have satisfactorily completed the probation. It is in the afore circumstances that the petitioners have approached this Court seeking the following reliefs:
i) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 4th respondent to issue an order declaring the petitioners to have satisfactorily completed their probation;
ii) To declare that the petitioners have satisfactorily completed their probation in terms of Chapter XXXII Rule 7 of K.E.R
2. The petitioners contend that the 4th respondent is now officiating as the manager of the school. Referring to Ext.P11, it is submitted that the 2nd respondent has issued a communication to the 4th respondent that there is no impediment in declaring the probation of teachers of the Higher Secondary WP(C) NO. 9431 OF 2022 4 Section. According to the petitioners, despite the issuance of specific directions by the 2nd respondent, no action has been taken.
3. The learned Government Pleader, on instructions, submitted that further clarifications were sought by the 4th respondent from the 1st respondent and the same has been furnished. It is submitted that she has instructions to submit that the 2nd respondent has clarified that he can act in terms of Ext.P11.
In view of the submissions advanced, there will be a direction to the 4th respondent to act in terms of Ext.P11 and declare the probation of the petitioners expeditiously, in any event, within a period of one week from the date of receipt of a copy of this judgment.
Writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE NS WP(C) NO. 9431 OF 2022 5 APPENDIX OF WP(C) 9431/2022 PETITIONER(S) EXHIBITS :
Exhibit P1 TRUE COPY OF ORDER NO.B2/1973/H.S.D/R.D.D/E.K.M/2018 DATED 15.11.2018 ISSUED BY THE 3RD RESPONDENT BY WHICH THE APPOINTMENT OF PETITIONERS WERE APPROVED.
Exhibit P2 TRUE COPY OF APPOINTMENT ORDER OF 1ST PETITIONER DATED 14.02.2018 ISSUED BY THE MANAGER.
Exhibit P2(a) TRUE COPY OF JOINING REPORT OF 1ST PETITIONER DATED 14.02.2018.
Exhibit P3 TRUE COPY OF APPOINTMENT ORDER OF 2ND PETITIONER DATED 14.02.2018 ISSUED BY THE MANAGER Exhibit P3(a) TRUE COPY OF JOINING REPORT OF 2ND PETITIONER DATED 1.6.2018.
Exhibit P4 TRUE COPY OF APPOINTMENT ORDER OF 3RD PETITIONER DATED 14.02.2018 ISSUED BY THE MANAGER.
Exhibit P4(a) TRUE COPY OF JOINING REPORT OF 3RD PETITIONER DATED 14.02.2018 Exhibit P5 TRUE COPY OF APPOINTMENT ORDER OF 4TH PETITIONER DATED 14.02.2018 ISSUED BY THE MANAGER Exhibit P5(a) TRUE COPY OF JOINING REPORT OF 4TH PETITIONER DATED 14.02.2018 Exhibit P6 TRUE COPY OF APPOINTMENT ORDER OF 5TH PETITIONER DATED 14.02.2018 ISSUED BY THE MANAGER Exhibit P6(a) TRUE COPY OF JOINING REPORT OF 5TH PETITIONER DATED 14.02.2018.
Exhibit P7 TRUE COPY OF ORDER NO.EC(3)/39704/2018/DPI DATED 5.12.2018 ISSUED BY THE 2ND RESPONDENT.
Exhibit P8 TRUE COPY OF PROCEEDINGS NO.B1/13426/2020/L.DIS DATED 9.10.2020 ISSUED BY THE 4TH RESPONDENT.
Exhibit P9 TRUE COPY OF COMMUNICATION DATED 15.04.2021 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT.
WP(C) NO. 9431 OF 2022 6Exhibit P10 TRUE COPY OF COMMUNICATION DATED 27.07.2021 ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT.
Exhibit P11 TRUE COPY OF COMMUNICATION NO.A.C.D.A.1/201449/2021/H.S.E.DATED 28.10.2021.
RESPONDENT(S) EXHIBITS : NIL