Finosh Ravi.V.R vs State Of Kerala

Citation : 2022 Latest Caselaw 7992 Ker
Judgement Date : 29 June, 2022

Kerala High Court
Finosh Ravi.V.R vs State Of Kerala on 29 June, 2022
          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944

                  WP(C) NO. 10930 OF 2022

PETITIONER/S:

           FINOSH RAVI.V.R.,
           AGED 36 YEARS
           UPST, NEW HIGHER SECONDARY SCHOOL, NELLIMOODU,
           S/O.RAVEENDRAN.R.,
           RESIDING AT ANANDA BHAVAN, KOTTUKKALKONAM,
           KATTACHALKUZHI P.O., BALARAMAPURAM,
           THIRUVANANTHAPURAM.

           BY ADVS.
           SURESH KUMAR KODOTH
           K.P.ANTONY BINU

RESPONDENT/S:

    1      STATE OF KERALA,
           REPRESENTED BY ITS SECRETARY,
           GENERAL EDUCATION DEPARTMENT,
           THIRUVANANTHAPURAM-695 001.

    2      DIRECTOR OF GENERAL EDUCATION,
           JAGATHI, THIRUVANANTHAPURAM-695 001.

    3      DEPUTY DIRECTOR OF EDUCATION,
           PAZHAVANGADI, THIRUVANANTHAPURAM-695 023.

    4      DISTRICT EDUCATIONAL OFFICER,
           NEYYATTINKARA, THIRUVANANTHAPURAM-695 121.

    5      MANAGER, NEW HIGHER SECONDARY SCHOOL,
           NELLIMOODU, THIRUVANANTHAPURAM-695 524.

           SMT NISHA BOSE SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 10930 OF 2022

                                        2




                                 JUDGMENT

The petitioner states that he is working as Upper Primary School Teacher ("UPST") in the New Higher Secondary School, Nellimoodu. His grievance in this petition concerns the non-approval of the service rendered by the petitioner prior to 01.06.2011 and the denial of benefits to the petitioner including salary. The petitioner asserts that raising his grievances, he has preferred Exhibit P4 representation before the 1st respondent. The petitioner would further contend that as per Exhibit P6 order, the teachers similarly placed as the petitioner have been granted benefits. It is in the afore circumstances that this writ petition is filed seeking directions.

2. Sri. Suresh Kumar Kodoth, the learned counsel appearing for the petitioner submitted that the limited request of the petitioner at this stage is for issuance of directions to the 1st respondent to expeditiously consider Ext.P4 and pass appropriate orders within a time frame.

3. I have heard Smt. Nisha Bose, the learned Senior Government Pleader. In the nature of order that I propose to pass, notice to the 5th respondent is dispensed with.

WP(C) NO. 10930 OF 2022 3

4. 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 by issuing the following directions:

a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P4 adverting to Exhibit P6, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorised representative and the 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. 10930 OF 2022 4 APPENDIX OF WP(C) 10930/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF APPOINTMENT ORDER DATED 31.08.2010 OF THE PETITIONER.

Exhibit P2 TRUE COPY OF GO(P) NO.10/10 G EDN DATED 12.01.2010.

Exhibit P3 TRUE COPY OF GO(P) NO.199/2011/G EDN DATED 01.10.2011.

Exhibit P4 TRUE COPY F PRESENTATION/REVISION PETITION DATED 02.03.2022 SUBMITTED BEFORE THE GOVERNMENT.

Exhibit P5 TRUE COPY OF JUDGMENT DATED 18.01.2021 IN WPC NO.1254/2021.

Exhibit P6 TRUE COPY OF ORDER NO.2962/2021/G EDN DATED 07.06.2021 ISSUED IN PURSUANCE TO EXT.P5 ORDER.