Kerala High Court
Sr.Jessy Joseph vs State Of Kerala on 8 April, 2021
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.8975 OF 2021(V)
PETITIONER:
SR.JESSY JOSEPH
AGED 41 YEARS
D/O. JOY N.M., NOW WORKING AS LPST,
SJUPS, NELLIMATTOM, KOTHAMANGALAM,
ERNAKULAM DISTRICT, PIN 686 693
BY ADV. SRI.PAULSON THOMAS
RESPONDENTS:
1 STATE OF KERALA
REP.BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM PIN 695 001.
2 ASSISTANT EDUCATIONAL OFFICER
KOTHAMANGALAM, PIN 686 691
3 DISTRICT EDUCATIONAL OFFICER
KOTAHAMANGALAM PIN 686 691
4 CORPORATE MANAGER
CORPORATE EDUCATIONAL AGENCY,
DIOCESE OF KOTHAMANGALAM, PIN 686 691
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.8975 OF 2021
2
JUDGMENT
Dated this the 8th day of April 2021
This writ petition is filed seeking the following reliefs :-
"i) declare that petitioner who is appointed and worked as
LPSA continuously in the vacancy arising due to sanctioning
of leave from 01-06-2011 to 31-05-2013 as per P2, is entitled to
approval from 01-06-2011 to 31-05-2013 on scale of pay basis.
ii) issue appropriate directions to regularize the appointment
of the petitioner from 01-06-2011 to 31-05-2013 as LPSA on
scale of pay basis without break and further direct to grant
all consequential benefits including salary.
iii) issue appropriate directions directing the 1 st respondent
Government to consider and pass orders on P9 revision
petition after hearing the petitioner and the Manager within
a time limit prescribed by this Hon'ble Court."
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
seeking approval of the petitioner's appointment as LPSA from
01.06.2011 to 31.05.2013 on scale of pay basis, the petitioner has
approached the Government with Ext.P9 revision petition, which is
liable to be considered in accordance with law.
WP(C).No.8975 OF 2021
4. There will, accordingly, be a direction to the 1 st respondent to
take up, consider and pass orders on Ext.P9 revision petition preferred
by the petitioner, with notice to the petitioner as well as the Manager
and after hearing them, through any appropriate means, including by
video conferencing, within a period of three months from the date of
receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
NP
WP(C).No.8975 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPROVED APPOINTMENT ORDER
AS LPST W.E.F. 1.6.2015
EXHIBIT P2 TRUE COPY OF THE G.O.(RT) NO.4243/2011/
G.EDN. DATED 12.10.2011 SANCTIONING LEAVE.
EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER FROM
1.6.2011 TO 27.7.2011
EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER FROM
29.7.2011 TO 30.3.2012
EXHIBIT P5 TRUE COPY OF THE APPOINTMENT ORDER DATED
4.6.2012
EXHIBIT P6 TRUE COPY OF THE APPROVAL ORDER OF THE AEO
NO.C/236/12KDIS. DATED 9.10.2012
EXHIBIT P7 TRUE COPY OF THE ORDER OF THE DEO
NO.B5/7178/2012/K.DIS DATED 16.2.2013
EXHIBIT P8 TRUE COPY OF THE REVISION PETITION FILED BY
THE MANAGER DATED 23.2.2013
EXHIBIT P9 TRUE COPY OF THE REVISION PETITION FILED BY
THE PETITIONER DATED 10.3.2021
RESPONDENT'S/S EXHIBITS: NIL
