Mathew Jacob vs State Of Kerala
2021 Latest Caselaw 11358 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.9262 OF 2021(G)


PETITIONER:

               MATHEW JACOB
               AGED 46 YEARS
               S/O.K.C.CHACKO, H.S.A., S.M.S.J. HIGH SCHOOL,
               THAIKKATTUSSERY, CHERTHALA

               BY ADV. DR.GEORGE ABRAHAM

RESPONDENTS:

      1        STATE OF KERALA
               REP.BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION
               DEPARTMENT, THIRUVANANTHAPURAM 695 001.

      2        DIRECTOR OF GENERAL EDUCATION
               JAGATHY, THIRUVANANTHAPURAM 695 014.

      3        DEPUTY DIRECTOR OF EDUCATION
               ERNAKULAM 682 011

      4        DISTRICT EDUCATIONAL OFFICER
               ALUVA, ERNAKULAM 683 101

      5        CORPORATE MANAGER
               ARCHDIOCESAN CORPORATE EDUCATIONAL AGENCY,
               ARCHDIOCESE OF ERNAKULAM-ANGAMALY, RENEWAL CENTRE,
               KALOOR, KOCHI 17.

      6        SR.CINI THOMAS
               H.S.A(HINDI), ST. MARY'S SCHOOL, ALUVA, ERNAKULAM
               DISTRICT 683 101.



               SRI.RAJASEKHARAN NAIR, 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.9262 OF 2021(G)

                                        2




                                 JUDGMENT

Dated this the 8th day of April 2021

This writ petition is filed seeking the following reliefs:

i) to issue a writ of certiorari or any other appropriate writ, order or direction, to quash Exhibit P5 and P7 orders issued by the respondents 3 and 4.

ii) to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 4 to approve the appointment of the petitioner as H.S.A. (Hindi) and sanction all consequential benefits with effect from 1/6/2018 onwards.

iii) to issue a writ of mandamus or any other appropriate writ, order or direction directing the 1 st respondent to consider Exhibit P8 revision filed by the Corporate Manager seeking approval of appointment of the petitioner as H.S.A. (Hindi).

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 had been appointed as HSA Hindi in the 5 th respondent

school. He continued as HSA till 14.07.2008. It is submitted that there

was a division fall and the petitioner was reverted as UPSA. It is

submitted that the 6th respondent had temporarily relinquished his

claim for promotion and the petitioner was promoted as HSA Hindi

on 01.06.2018. The approval for the said appointment has been WP(C).No.9262 OF 2021(G)

turned down by the Educational Authorities against which the

Manager had preferred Ext.P8 revision petition before the

Government.

Having heard the learned Government Pleader also, I am of the

opinion that Ext.P8 revision petition preferred by the Manager is

liable to be considered in accordance with law. There will,

accordingly, be a direction to the 1 st respondent to take up, consider

and pass orders on Ext.P8 revision petition preferred by the Manager

with notice to the petitioner, the Corporate Manager as well as the 6 th

respondent and after hearing them through any appropriate means,

including 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 SVP WP(C).No.9262 OF 2021(G)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF APPOINTMENT ORDER DATED 1/6/2018 ISSUED BY THE CORPORATE MANAGER.

EXHIBIT P2 TRUE COPY OF STATEMENT OF RELINQUISHMENT ISSUED BY THE 6TH RESPONDENT DATED 1/6/2018.

EXHIBIT P3 TRUE COPY OF CIRCULAR ISSUED BY THE DPI DATED 9TH OCTOBER, 1987

EXHIBIT P4 TRUE COPY OF APPEAL FILED BY THE CORPORATE MANAGER DATED 21.1.2019

EXHIBIT P5 TRUE COPY OF THE ORDER PASSED BY THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM DATED 20.6.2019

EXHIBIT P6 TRUE COPY OF THE REVISION SUBMITTED BY THE CORPORATE MANAGER DATED 23.7.2019.

EXHIBIT P7 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 13/12/2019

EXHIBIT P8 TRUE COPY OF THE REVISION FILED BY THE MANAGER DATED 5/5/2020