Kerala High Court
Prince C.O vs State Of Kerala on 5 September, 2024
2024:KER:68641
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
WP(C) NO. 31333 OF 2024
PETITIONER/S:
PRINCE C.O
AGED 46 YEARS
S/O. OUSEPH, CLERK, ST. THOMAS HIGHER SECONDARY
SCHOOL, ENGANDIYUR, ENGANDIYUR P.O., THRISSUR
DISTRICT, PIN-680615, RESIDING AT CHALISSERY HOUSE,
VELLARAKKAD P.O., ERUMAPETTY-VIA, THRISSUR
DISTRICT., PIN - 680584
BY ADVS.
BABU JOSEPH KURUVATHAZHA
ARCHANA K.S.
MOHAMMED SHAFI.K
NOEL EALIAS
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
2 DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM., PIN - 695014
WP(C) No.31333 of 2024
2
2024:KER:68641
3 DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DDE, CIVIL STATION, AYYANTHOLE,
THRISSUR., PIN - 680003
4 DISTRICT EDUCATIONAL OFFICER
CHAVAKKAD, THRISSUR., PIN - 680020
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.31333 of 2024
3
2024:KER:68641
P.M. MANOJ, J
-----------------------------------
W.P.(C) No.31333 of 2024
----------------------------------------------
Dated this the 5th day of September, 2024
JUDGMENT
The writ petition is preferred being aggrieved by non granting of time bound higher grade to the petitioner. In that regard, the petitioner has already preferred Ext.P13 representation before the 1st respondent, being aggrieved by the non revising of the time bound higher grade by reckoning the Last Grade Service rendered by him as Full Time Menial.
2. It is stated that the petitioner joined the service as Full Time Menial with effect from 28.01.2003 and his service was later regularised with effect from 04.07.2003. He was promoted as Peon with effect from 02.04.2011 and as a Clerk on 06.06.2013. As there is no post of Upper Division Clerk, Senior Clerk and Head Clerk in the school, it is stated that he is entitled to get time bound higher grade.
WP(C) No.31333 of 20244
2024:KER:68641
3. On taking such contention, on the strength of Ext.P8, whereby, the Government has taken a policy decision and ordered to reckon the last grade service rendered by the employees, who later got promoted to the post of Clerk of aided school, for the purpose of fixing their time bound higher grade in the cadre of clerk. Here the petitioner states that since he had an earlier service in the category of Full Time Menial, that service was not reckoned for granting higher grade. In such circumstances, the petitioner has preferred Exts.P12 and P13 before respondents 4 and 1 respectively and seeks to consider the same in the light of Exts.P8, P10 and P11.
4. I have heard Sri.Babu Joseph Kuruvathazha, the learned counsel for the petitioner and Sri.Premchand R. Nair, the learned Government Pleader for respondents 1 to 4.
5. On considering the limited nature of prayer sought in the writ petition, it is apposite to direct respondent No.1 to consider and pass appropriate orders on Exts.P12 and P13 representations submitted by the petitioner within a stipulated time. Accordingly, there will be a direction to the 1 st respondent WP(C) No.31333 of 2024 5 2024:KER:68641 to pass appropriate orders on obtaining necessary reports from the officers arrayed as respondents 2 to 4 and after considering the earlier orders passed by the Government in the light of Exts.P8, P10 and P11. While passing an order, an opportunity of hearing shall be afforded to the petitioner as well as the Educational Authorities. This exercise shall be completed within a period of four months from the date of receipt of a certified copy of this judgment.
The writ petition is disposed of as above.
Sd/-
P.M. MANOJ JUDGE SSS WP(C) No.31333 of 2024 6 2024:KER:68641 APPENDIX OF WP(C) 31333/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 28.1.2003, APPOINTING THE PETITIONER AS FULL TIME MENIAL AT ST. JOSEPH'S HIGH SCHOOL, ENAMAKKAL Exhibit P2 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 25.4.2003, APPOINTING THE PETITIONER AS FULL TIME MENIAL AT ST. JOSEPH'S HIGH SCHOOL, AVINISSERY Exhibit P3 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 4.7.2003, APPOINTING THE PETITIONER AS FULL TIME MENIAL AT ST. JOSEPH'S HIGH SCHOOL, AVINISSERY. Exhibit P4 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 2.4.2011, APPOINTING THE PETITIONER AS PEON AT ST. THOMAS HIGHER SECONDARY SCHOOL, THIROOR.
Exhibit P5 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 6.6.2013, APPOINTING THE PETITIONER AS CLERK AT ST. JOHN'S HIGHER SECONDARY SCHOOL, PARAPPUR Exhibit P6 TRUE COPY OF THE PROCEEDING NO.81820/PRC-A3/2001/FIN DATED 2.11.2001 ISSUED BY THE GOVERNMENT OF KERALA.
Exhibit P7 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 7.2.2013 IN W.P.(C) NO.5000/2005.
WP(C) No.31333 of 20247
2024:KER:68641 Exhibit P8 TRUE COPY OF G.O.(RT) NO.2116/13/G.EDN DATED 20.5.2013 ISSUED BY THE 1ST RESPONDENT, WITH ITS TYPED COPY.
Exhibit P9 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 16.8.2013 IN W.P. (C) NO.20239/2013.
Exhibit P10 TRUE COPY OF G.O.(RT) NO.5815/2021/GEDN DATED 10.12.2021 ISSUED BY THE 1ST RESPONDENT.
Exhibit P11 TRUE COPY OF G.O.(RT) NO.5239/2023/GEDN DATED 18.9.2023 ISSUED BY THE 1ST RESPONDENT.
Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED 1.7.2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
Exhibit P13 TRUE COPY OF THE REPRESENTATION DATED 26.7.2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.