Joshy.N.K vs State Of Kerala

Kerala High Court

Joshy.N.K vs State Of Kerala on 3 May, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
        FRIDAY, THE 3RD DAY OF MAY 2024 / 13TH VAISAKHA, 1946
                        WP(C) NO. 16789 OF 2024
PETITIONER:

           JOSHY.N.K
           AGED 40 YEARS
           S/O.KURIEN.N.J, RESIDING AT NAMBUSSERIYIL,
           THARIYODE.P.O., WAYANAD, (PRESENTLY EMPLOYED AS OFFICE
           CLERK, NIRMALA HIGH SCHOOL, THARIODE.P.O., WAYANAD,
           PEN-684124), PIN - 673575

           BY ADVS.
           G.SANTHOSH KUMAR (P).
           FRANCO T.J.
           V.R.SASSIDHARAN


RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY THE SECRETARY TO GOVERNMENT,
           DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT
           (ANNEX), THIRUVANANTHAPURAM, PIN - 695001

    2      THE DIRECTOR
           GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION,
           JAGATHY, THIRUVANANTHAPURAM, PIN - 695014

    3      THE DEPUTY DIRECTOR OF EDUCATION
           THE OFFICE OF THE D.D.E, WAYANAD, PIN - 673122

    4      THE DISTRICT EDUCATION OFFICER
           OFFICE OF THE DEO, WAYANAD, PIN - 673122

    5      THE ASSISTANT EDUCATION OFFICER
           OFFICE OF THE AEO, OFFICE OF THE AEO, WAYANAD,
           PIN - 673592

    6      THE MANAGER
           NIRMALA HIGH SCHOOL, 8TH MILE, THARIODE.P.O.
           WAYANAD, PIN - 673589
 WP(C) NO. 16789 OF 2024
                                   2

    7          THE HEADMASTER
               NIRMALA HIGH SCHOOL, 8TH MILE, THARIODE.P.O.,
               WAYANAD, PIN - 673589

               BY ADV
               SRI.E.G.GORDEN, SR.GP
        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   03.05.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 16789 OF 2024
                                 3

                            JUDGMENT

The petitioner is aggrieved by Ext.P8 Government Order. He preferred Ext.P10 appeal challenging Ext.P8 before the 1 st respondent. The limited prayer of the petitioner is to give a direction to the 1st respondent to dispose of Ext.P10 in a time-bound manner.

Having heard the learned counsel for the petitioner as well as the learned Government Pleader, this writ petition is disposed of with a direction to the 1st respondent to consider and dispose of Ext.P10 in accordance with law after hearing the petitioner, within a period of four months.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE scs WP(C) NO. 16789 OF 2024 4 APPENDIX OF WP(C) 16789/2024 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE APPOINTMENT ORDER BEARING NO.NIL DATED 02-06-2008 ISSUED TO THE PETITIONER BY THE 6TH RESPONDENT.

Exhibit-P2 TRUE COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT ISSUED VIDE ORDER NO.D- DIS. B1.4098/2008 DATED 15-07-2008. Exhibit-P3 TRUE COPY OF THE SAID PROCEEDINGS OF THE 4TH RESPONDENT ISSUED VIDE ORDER NO.D-DIS/B1/4004/09 DATED 14-09-2009 Exhibit-P4 TRUE COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT ISSUED VIDE ORDER NO.D- DIS/B4/4210/2011 DATED 09-08-2011. Exhibit-P5 TRUE COPY OF THE RELEVANT EXTRACTS OF THE PACKAGE FOR NON-TEACHING STAFF ORDERED AS PER G.O.(P) NO.108/13/G.EDN DATED 25-03-2013 BY THE 1ST RESPONDENT.

Exhibit-P6 TRUE COPY OF G.O.(RT) NO.2879/2022/GEDN DATED 10-05-2022 ISSUED IN COMPLIANCE OF THE JUDGMENT IN W.P(C) NO.8509/2021.

Exhibit-P7 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.14725 OF 2021 DATED 13-06-2023. Exhibit-P8 TRUE COPY OF G.O.(RT) NO.1078/2024/GEDN DATED 07-02-2024. Exhibit-P9 TRUE COPY OF G.O.(M.S) NO.101/2023/GEDN DATED 18-07-2023. Exhibit-P10 TRUE COPY OF THE REPRESENTATION DATED 22/04/2024 OF THE APPEAL PREFERRED BEFORE THE 1ST RESPONDENT WITH COPY SERVED TO 3RD AND 4TH RESPONDENTS.