Kerala High Court
Joemol Mathew vs State Of Kerala on 7 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943
WP(C).No.5612 OF 2021(B)
PETITIONER :-
JOEMOL MATHEW, AGED 45 YEARS
W/O.THOMAS GEORGE, HOUSE NO.45/1359A,
PUTHIAPARAMBIL HOUSE, N.K.S ROAD, THACHANAT LANE,
PACHALAM P.O., KOCHI 682 012.
WORKING AS U.P.S.T., C.C.P.L.M.A.I.H.S SCHOOL,
PERUMANOOR P.O., THEVARA PIN - 682 015
BY ADV. SRI.V.VIJULAL
RESPONDENTS :-
1 STATE OF KERALA
REP.BY SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
ERNAKULAM, KAKKANAD, PIN - 682 030
4 DISTRICT EDUCATIONAL OFFICER
OFFICE OF DISTRICT EDUCATIONAL OFFICER,
ERNAKULAM - 682 011
5 MANAGER
CENTRAL BOARD OF ANGLO-INDIAN EDUCATION
(REG.NO.9/1953), PERUMANOOR P.O., KOCHI 682 015.
BY SRI.T.RAJASEKHARAN NAIR, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.5612 OF 2021(B)
-: 2 :-
JUDGMENT
Dated this the 7th day of April, 2021
This writ petition is filed seeking the following reliefs :-
"i. To issue a writ of mandamus or any other appropriate writ,
order or direction to the 4 th respondent to approve the
appointment of petitioner as U.P.S.A. at C.C.P.L.M.A.I.H.S.S.
Perumanoor with effect from 1.6.2017 in the scale of pay and
to disburse the arrears of salary and other allowances due to
her within such time fixed by this Hon'ble Court. .
ii. To issue a writ of mandamus or any other appropriate writ,
order or direction to the 3 rd and 4th respondent to implement
Exhibits P5 and P6."
2. Heard the learned counsel for the petitioner and the
learned Government Pleader.
3. It is submitted by the learned counsel for the petitioner
that the petitioner, who was a Rule 51A claimant, was appointed as
UPSA in the 5th respondent's school with effect from 1.6.2017 in a
retirement vacancy. It is submitted that the approval was rejected.
Ultimately by Ext.P5 order dated 9.2.2021, the Government
directed approval of the petitioner's appointment. It is submitted
that the 3rd respondent, Deputy Director of Education is functioning
as the Manager of the school and though proposal was forwarded
through Samanwaya portal, appropriate orders have not been
issued by the DEO so far.
WP(C).No.5612 OF 2021(B)
4. The learned Government Pleader, on instructions,
submits that the proposal has been forwarded by the 3rd
respondent and the 4th respondent is taking appropriate steps to
approve the appointment of the petitioner.
In the above view of the matter, there will be a direction
to the 4th respondent to take appropriate follow up action to see
that the appointment is approved within a period of one month and
salary is released to the petitioner. Appropriate steps for release of
arrears shall also be taken within a period of three months
thereafter.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Jvt/13.4.2021
WP(C).No.5612 OF 2021(B)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 1.6.2017
ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P2 TRUE COPY OF ORDER NO.B6/4868/2017 DATED
21.10.2017 BY WHICH THE PROPOSAL FOR APPROVAL OF
APPOINTMENT OF PETITIONER IS REJECTED.
EXHIBIT P3 TRUE COPY OF ORDER NO.DGE/9916/2019-EC3 DATED
20.12.2019 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF LIST OF SOME OF THE PROTECTED
TEACHERS SO APPOINTED IN VARIOUS SCHOOLS UNDER THE
MANAGEMENT OF 5TH RESPONDENT WITH THEIR JOINING
DATE
EXHIBIT P5 TRUE COPY OF G.O.(RT) NO.1302/2021/G.EDN. DATED
9.2.2021
EXHIBIT P6 TRUE COPY OF G.O.(RT) NO.1951/2021/G.EDN. DATED
25.2.2021
//TRUE COPY//
P.A. TO JUDGE
