WP(C) NO. 20912 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
WP(C) NO. 20912 OF 2022
PETITIONER:
GEORGE DIXON FERNANDEZ
AGED 50 YEARS
S/O LATE VARGHESE FERNANDEZ
HIGH SCHOOL ASSISTANT (SOCIAL SCIENCE)
ST JOSEPH'S HIGHER SECONDARY SCHOOL,
THALASSERY, KANNUR
PIN - 670101
BY ADVS.
ABDUL RAOOF PALLIPATH
K.R.AVINASH (KUNNATH)
RESPONDENTS:
1 THE SECRETARY TO GOVERNMENT
DEPARTMENT OF GENERAL EDUCATION,
GOVT SECRETARIAT, TRIVANDRUM
PIN - 695001
2 THE DIRECTOR OF HIGHER SECONDARY EDUCATION
HOUSING BOARD BUILDING, TRIVANDRUM , PIN - 695001
3 THE REGIONAL DEUPTY DIRECTOR OF HIGHER SECONDARY
EDUCATION
REGIONAL DIRECTORATE OF THE
HIGHER SECONDARY EDUCATION, KANNUR
PIN - 670001
4 THE CORPORATE MANAGER
CORPORATE EDUCATIONAL AGENCY ,
DIOCESE OF KANNUR, P.O. CHOVVA, KANNUR
WP(C) NO. 20912 OF 2022 2
PIN - 670006
5 HENRY ANTONY
HIGH SCHOOL ASSISTANT,
ST JOSEPHS HIGHER SECONDARY SCHOOL
THALASSERY, KANNUR
PIN - 670101
SMT NISHA BOSE, SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 20912 OF 2022 3
JUDGMENT
The petitioner has approached this Court seeking declaration that the petitioner is the only qualified hand available under the 4th respondent for appointment as HSST (History) as on 01.06.2018 and also for an issuance of directions to the 4th respondent to appoint the petitioner in the place of the 5th respondent with effect from 01.06.2018.
2. The petitioner asserts that a vacancy had arisen in the St.Joseph's Higher Secondary School with effect from 01.06.2018 consequent to the retirement of a certain Joseph Kizhakedath. Though the petitioner is the person qualified for the post, overlooking him, the 5th respondent was appointed. He asserts that he had earlier approached this Court and by Ext.P2 judgment dated 21.08.2018, directions were issued to consider the representation submitted by the petitioner and to take a decision. According to the petitioner, by Ext.P3 order, the appointment of the 5th respondent was approved. Challenging the same the petitioner is stated to have preferred an appeal before the 1st respondent. Though various other reliefs are sought for, when the matter came up for admission, the learned counsel appearing for the petitioner submitted that directions be issued to the 1st respondent to consider and WP(C) NO. 20912 OF 2022 4 pass orders in Ext.P4 appeal within a timeframe.
3. Heard the learned Government Pleader.
4. I find that in Ext.P2 judgment, this Court had directed to defer the approval of appointment pending consideration of the representation. The learned counsel asserts that the approval has not been granted till date. In that view of the matter, if approval has not been granted till date, the same shall be deferred till the disposal of the appeal as directed above.
In view of the discussion above, this Writ petition will stand disposed of by issuing the following directions.
1. There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P4, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorized representative and the party respondents.
2. 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.
3. It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the WP(C) NO. 20912 OF 2022 5 concerned respondent to ensure compliance. This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE IAP WP(C) NO. 20912 OF 2022 6 APPENDIX OF WP(C) 20912/2022 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE SENIORITY LIST ISSUED BY
THE 4TH RESPONDENT
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 21.8.2018
IN WP(C)28113/18 OF THIS HON'BLE COURT
Exhibit P3 TRUE COPY OF THE ORDER NO. E(1)
161371/2020/D.G.E DATED 21.1.2022
Exhibit P4 TRUE COPY OF THE APPEAL BEFORE THE 1ST
RESPONDENT DATED 19.2.2022
Exhibit P5 TRUE COPY OF THE REPRESENTATION BEFORE THE
3RD RESPONDENT DATED 16.2.2022
RESPONDENTS' EXHIBITS:
NIL