Jeena Joseph vs State Of Kerala

Citation : 2024 Latest Caselaw 12920 Ker
Judgement Date : 22 May, 2024

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Kerala High Court

Jeena Joseph vs State Of Kerala on 22 May, 2024

WP(C) No.18427/2024                       1/4

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
             Wednesday, the 22nd day of May 2024 / 1st Jyaishta, 1946
                            WP(C).NO.18427 OF 2024(C)
   PETITIONERS:

      1. JEENA JOSEPH, AGED 45 YEARS, W/O. BIJU K. SIMON UPST, ST. MARY'S
         HS ALUVAERNAKULAM DISTRICT, PIN - 683101
      2. RAMYA K. JOY AGED 39 YEARS W/O. PREDISH VARGHESE UPST, ST. MARY'S
         HS ALUVA ERNAKULAM DISTRICT, PIN - 683101
      3. SR. JOSMY P. JOSE AGED 39 YEARS D/O. P. K. JOSE UPST, CARDINAL HIGH
         SCHOOL, THRIKKAKKARA ERNAKULAM, PIN - 682021
      4. NITTY ROSE AUGUSTINE AGED 39 YEARS W/O. MANOJ JOSE KALATHIL UPST,
         ST. MARY'S HIGH SCHOOL ALUVA ERNAKULAM DISTRICT, PIN - 683101
      5. SOBYMOL PARAPPEL AGED 38 YEARS W/O. SIBI UPST, CARDINAL HS,
         THRIKKAKKARA ERNAKULAM, PIN - 682021
      6. SALIA ANTOO AGED 28 YEARS D/O. T. V. ANTO UPST, ST. MARY'S UPS
         MANJAPARA ERNAKULAM DISTRICT, PIN - 683581
      7. ABY JOSE AGED 30 YEARS S/O. T C JOSE UPST, INFANT JESUS HIGH SCHOOL,
         VADAYAR ERNAKULAM, PIN - 686605
      8. SR. PRINCY THOMAS AGED 37 YEARS D/O. T T. THOMAS UPST, SMSJ HS,
         THYCATTUSSERY ALAPPUZHA DISTRICT, PIN - 688528
      9. ANI IGNATIUS AGED 41 YEARS W/O. JOSE K. A. UPST, ST. THOMAS HSS,
         AYROOR ERNAKULAM DISTRICT, PIN - 683579
     10. LISSMOL JOSE AGED 29 YEARS W/O. JOE VARGHESE UPST, ST. GEORGE'S HSS,
         PUTHENPALLY ERNAKULAM DISTRICT, PIN - 683517
     11. SANMARIYA THOMAS AGED 28 YEARS W/O. JINS GEORGE UPST, ST. AUGUSTINE
         HS, ERNAKULAM, PIN - 682017

   RESPONDENTS:

      1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GENERAL EDUCATION
         DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
      2. THE DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCATION,
         JAGATHI, THIRUVANANTHAPURAM, PIN - 695014
      3. DISTRICT EDUCATIONAL OFFICER IRIJALAKKUDA OFFICE OF THE DISTRICT
         EDUCATIONAL OFFICER, THRISSUR DISTRICT, PIN - 680020
      4. DISTRICT EDUCATIONAL OFFICER, ALUVA OFFICE OF THE DISTRICT
         EDUCATIONAL MINI CIVIL STATION, ALUVA, ERNAKULAM, PIN - 683101
      5. DISTRICT EDUCATIONAL OFFICER, CHERTHALA OFFICE OF THE DISTRICT
         EDUCATIONAL CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688524
      6. DISTRICT EDUCATIONAL OFFICER, ERNAKULAM OFFICE OF THE DISTRICT
         EDUCATIONAL ERNAKULAM, ERNAKULAM DISTRICT, PIN - 682011
      7. THE ASSISTANT EDUCATIONAL OFFICER, ERNAKULAM OFFICE OF THE ASSISTANT
         EDUCATIONAL OFFICER ERNAKULAM, PIN - 682011
      8. THE ASSISTANT EDUCATIONAL OFFICER, THRIPUNITHURA OFFICE OF THE
         ASSISTANT EDUCATIONAL OFFICER ERNAKULAM, PIN - 682301
      9. THE CORPORATE MANAGER ARCH DIOCESAN OF ERNAKULAM - ANGAMALY RENEWAL
         CENTRE KALOOR, KOCHI, PIN - 682017
 WP(C) No.18427/2024                    2/4

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to direct the respondents 3 to 8 to approve the appointment of the
   petitioners 1 to 4 in the scale of pay and petitioners 5 to 11 in daily
   wages within a time frame, notwithstanding the pendency of the approval of
   the senior claimants and statutory claimants, pending disposal of the
   above writ petition.
        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.R.K.MURALEEDHARAN, ATHIRA A.MENON & HARISANKAR K.V., Advocates for the
   petitioners and of GOVERNMENT PLEADER for R1 to R8, the court passed the
   following:
 WP(C) No.18427/2024                         3/4




                             ZIYAD RAHMAN A.A., J.
                             ---------------------
                               W.P.C No. 18427 of 2024
                         ---------------------------
                          Dated this the 22nd day of May, 2024

                                       ORDER

Admit.

The learned Government Pleader takes notice for the respondents 1 to 8. Issue urgent notice by speed post to the respondent No.9.

In the light of Ext.P14 judgment, and the various interim orders passed by this Court in the light of the above, there shall be an interim order directing the respondents 3 to 8, to provisionally approve the appointment of petitioners 1 to 4 in the scale of pay and the petitioners 5 to 11 on daily wages, if they are otherwise eligible. It is further ordered that the arrears of salary consequent to the approval of appointment shall be disbursed to the parties concerned within a period of three months from the date of their approval of appointment.

Sd/-

ZIYAD RAHMAN A.A. JUDGE rpk 22-05-2024 /True Copy/ Assistant Registrar WP(C) No.18427/2024 4/4 APPENDIX OF WP(C) 18427/2024 Exhibit-P14 TRUE COPY OF THE RELEVANT PAGES OF THE JUDGMENT OF THIS HON'BLE COURT IN WA NO. 1445/2022 DATED 13.03.2023 22-05-2024 /True Copy/ Assistant Registrar