Vasantharajan Nair.M.R vs The State Of Kerala
2021 Latest Caselaw 11341 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                       WP(C).No.3245 OF 2021(E)


PETITIONER:

               VASANTHARAJAN NAIR.M.R
               AGED 55 YEARS
               SON OF RAMAN NAIR, N.S.S.HIGH SCHOOL, V.KOTTAYAM,
               PATHANAMTHITTA-689 646.

               BY ADVS.
               SRI.V.A.MUHAMMED
               SRI.M.SAJJAD

RESPONDENTS:

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

      2        THE DIRECTOR OF GENERAL EDUCATION,
               JAGATHY, THIRUVANANTHAPURAM-695 014.

      3        THE DEPUTY DIRECTOR OF EDUCATION,
               PATHANAMTHITTA AT THIRUVALA-689 101.

      4        THE DISTRICT EDUCATIONAL OFFICER,
               PATHANAMTHITTA-689 001.

      5        THE HEADMISTRESS,
               N.S.S.HIGH SCHOOL, VALLICODE, KOTTAYAM,
               PATHANAMTHITTA DISTRICT-689 656.


               SMT. NISHA BOSE, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3245 OF 2021(E)

                                        2




                                 JUDGMENT

Dated this the 8th day of April 2021

This writ petition is filed seeking the following reliefs:

i) issue a writ of mandamus or other appropriate writ, order or direction commanding the 3rd respondent to sanction Higher Grade for 8 years and Senior Grade for 16 years taking into account the Last Grade Service and Clerk as observed in Exhibit P2 judgment.

ii) Issue a writ of mandamus or other appropriate writ order or direction commanding the 3rd respondent to allow the scale of Junior Superintendent to the petitioner for 3 rd Higher Grade.

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

3. It is submitted that pursuant to Ext.P6 judgment, orders

have not been rendered by the Government and that some further

time is required for complying with the directions.

I am of the opinion that since the writ petition has been

disposed of in 2019, the contention that further time is required to

pass orders cannot be accepted. The respondents are duty bound to

pass orders within the time frame as granted by this Court or at

least within the extended time. In the above view of the matter, this

writ petition is disposed of directing the respondents to see that WP(C).No.3245 OF 2021(E)

orders are passed as directed in Ext.P6 within a period of one month

from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.3245 OF 2021(E)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE LETTER OF THE HEADMISTRESS OF THE SCHOOL.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN WPC NO.19642/2004-L DATED 07.02.2013.

EXHIBIT P3 TRUE COPY OF THE GO(MS) NO.216/15]4(192)/FIN DATED 11.06.2014 OF THE GOVERNMENT.

EXHIBIT P4 TRUE COPY OF THE DECISION REPORTED IN 1997 (1) KLT 601 DECIDED ON 18TH FEBRUARY 1997.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE GOVERNMENT DATED 05.06.2019.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WPC NO.17273/2019 DATED 25.06.2019.

EXHIBIT P7 TRUE COPY OF THE APPLICATION FOR EXTENSION OF TIME FILED BY THE GOVERNMENT.