Remin Mathew Ainikkal vs State Of Kerala
2021 Latest Caselaw 11361 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.9153 OF 2021(T)


PETITIONER:
               REMIN MATHEW AINIKKAL
               AGED 41 YEARS
               S/O MATHUNNY, PHYSICAL EDUCATION TEACHER, ISLAMIC
               VOCATIONAL HIGHER SECONDARY SCHOOL, ORUMANAYUR,
               CHAVAKKAD, THRISSUR, RESIDING AT AINIKKAL HOUSE,
               CHENGALOOR P.O.THRISSUR-680 312.

               BY ADVS.
               SRI.C.A.CHACKO
               SMT.C.M.CHARISMA

RESPONDENTS:

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

      2        THE SECRETARY TO GOVERNMENT,
               DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.

      3        THE DEPUTY DIRECTOR OF EDUCATION,
               AYYANTHOLE, THRISSUR DISTRICT, PIN-680 003.

      4        THE DISTRICT EDUCATIONAL OFFICER,
               CHAVAKKAD, THRISSUR, PIN-680 506.

      5        THE MANAGER,
               ISLAMIC VOCATIONAL HIGHER SECONDARY SCHOOL,
               ORUMANAYUR, CHAVAKKAD, THRISSUR-680 512.


OTHER PRESENT:

               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.9153 OF 2021(T)

                                  2

                          JUDGMENT

Dated this the 8th day of April, 2021

This writ petition is filed seeking the following prayers:-

"(i) issue a writ of Certiorari or any other appropriate writ, order or direction to quash Ext.P7 order issued by the 2 nd respondent, after calling for the records leading to its issuance.

(ii) issue a writ of mandamus or any other appropriate writ, order or direction to the 2nd respondent to consider Ext.P8 representation submitted by the petitioner in the light of Ext.P5."

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 was appointed as Physical

Education Teacher in the 5th respondent's school w.e.f

02.06.2004 in a retirement vacancy. It is submitted that the

appointment was approved only w.e.f 01.02.2006 relying on

Ext.P5 G.O. It is submitted by the learned counsel for the WP(C).No.9153 OF 2021(T)

petitioner that the petitioner was entitled for appointment

with effect from the initial date of appointment itself and

that Ext.P8 representation has been preferred by the

petitioner before the Government, which is pending

consideration.

4. Having heard the learned Government Pleader

also, there will be a direction to the 1 st respondent to take

up, consider and pass orders on Ext.P8 representation

preferred by the petitioner with notice to the petitioner as

well as the Manager 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. The contentions raised by the petitioner shall

also be considered while passing orders as directed above.

Respondents shall take note of Ext.P5 Government Order as

well. The petitioner shall produce a copy of the writ petition

along with a copy of this judgment before the 1 st respondent

for compliance. In case the petitioner's appointment is found

liable to be approved, the attendant benefits shall also be WP(C).No.9153 OF 2021(T)

released to the petitioner within a period of three months

thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Bng/09.04.2021 WP(C).No.9153 OF 2021(T)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF APPOINTMENT ORDER DATED 2.6.2004 ISSUED BY 5TH RESPONDENT

EXHIBIT P2 TRUE COPY OF ORDER NO B5/5666/04/K.IDS DATED 19.10.2004 OF 4TH RESPONDENT

EXHIBIT P3 TRUE COPY OF ORDER DATED 4.2.2006 OF 3RD RESPONDENT

EXHIBIT P4 TRUE COPY OF GO(P) NO 46/2005/G.EDN DATED 1.2.2006

EXHIBIT P5 TRUE COPY OF GO(RT) NO 1389/05/G.EDN DATED 4.4.2005

EXHIBIT P6 TRUE COPY OF REVISION FILED BY PETITIONER BEFORE THE 2ND RESPONDENT ON 28.6.2006

EXHIBIT P7 TRUE COPY OF ORDER DATED 15.12.2007 OF 2ND RESPONDENT

EXHIBIT P8 TRUE COPY OF REPRESENTATION DATED 22.3.18 MADE BEFORE THE 2ND RESPONDENT