IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
WP(C) NO. 18573 OF 2022
PETITIONER/S:
JIBIN J.,
AGED 28 YEARS
S/O. C. JOSE,
FULL TIME MENIAL, HIGH SCHOOL,
BALARAMAPURAM, THIRUVANANTHAPURAM-695501
(RESIDING AT J.S. BHAVAN, VENNIYOOR P.O.,
VENGANOOR, THIRUVANANTHAPURAM-695523)
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENT/S:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695014
3 THE DEPUTY DIRECTOR OF EDUCATION,
KILLIPPALAM P.O., CHALAI,
THIRUVANANTHAPURAM-695036.
4 THE DISTRICT EDUCATIONAL OFFICER,
NEYYATTINKARA, THIRUVANANTHAPURAM-695121.
5 THE MANAGER,
HIGH SCHOOL, BALARAMAPURAM,
THIRUVANANTHAPURAM-695501.
SMT NISHA BOSE SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 18573 OF 2022
2
JUDGMENT
The petitioner was appointed against a leave vacancy as Full-Time Menial in the School managed by the 5th respondent. The petitioner contends that though he was initially appointed on a daily wage basis, it was subsequently revised as an appointment on a scale of pay basis. However, the proposal for approval of the appointment was rejected by the 4th respondent. Being aggrieved, the petitioner is stated to have preferred Exhibit P6 revision petition before the Government, which is stated to be pending. It is in the aforesaid circumstances, that the petitioner has approached this Court seeking for issuance of directions to the 4th respondent for expeditious consideration of the revision petition.
2. I have heard Sri. M. Sajjad, the learned counsel appearing for the petitioner and the learned Government Pleader. In the nature of the order that I propose to pass notice to the 5th respondent is dispensed with.
3. 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: WP(C) NO. 18573 OF 2022 3
a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P6 revision petition, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorised representative and 5th respondent.
b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of three 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 WP(C) NO. 18573 OF 2022 4 APPENDIX OF WP(C) 18573/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 13/08/2020.
Exhibit P1(A) TRUE COPY OF THE REVISED APPOINTMENT ORDER OF THE PETITIONER DATED 13/08/2020.
Exhibit P2 TRUE COPY OF THE ORDER NO.
B1/18446/2020 DATED 13/10/2020 OF THE DEO, NEYYATTINKARA.
Exhibit P3 TRUE COPY OF THE APPEAL PETITION FILED BEFORE THE DDE, THIRUVANANTHAPURAM DATED 27/10/2020.
Exhibit P4 TRUE COPY OF THE ORDER NO.
B5-216763/2022 DATED 22/03/2022 OF THE DDE, THIRUVANANTHAPURAM.
Exhibit P5 TRUE COPY OF THE ORDER NO.
ET(4)/23835/2021 DATED 22/03/2022 OF THE ADDITIONAL DIRECTOR (GENERAL) ATTACHED TO THE OFFICE OF THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 05/04/2022 (WITHOUT EXHIBITS).