Kerala High Court
Biju .V.V vs State Of Kerala on 2 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
WP(C) NO. 8509 OF 2021
PETITIONER
BIJU .V.V., AGED 45 YEARS, S/O VARGHESE,
(FULL TIME MENIAL), ST. SEBASTIAN'S A.U.P SCHOOL,
PADICHIRA, PULPALLY, UNDER THE CORPORATE EDUCATION
AGENCY, DIOCESES OF MANANTHAVADY, RESIDING AT
VATTAPARMPIL HOUSE, KABANIGIRI.P.O, PULPALLY,
WAYANAD, PIN-673579.
BY ADVS.
FRANCO T.J.
SRI.G.SANTHOSH KUMAR (P).
SRI.V.R.SASSIDHARAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT (ANNEX),
THIRUVANANTHAPURAM, PIN-695001.
2 THE DIRECTOR OF GENERAL EDUCATION DEPARTMENT,
DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM, PIN-695014.
3 THE DEPUTY DIRECTOR OF EDUCATION, (DDE),
OFFICE OF THE DDE, KALPETTA,
WAYANAD, PIN-673122.
4 THE DISTRICT EDUCATION OFFICER(DEO)
OFFICE OF THE DEO, KALPETTA,
WAYANAD, PIN-673122.
5 THE ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
WP(C) NO. 8509 OF 2021
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6 THE CORPORATE MANAGER,
CORPORATE EDUCATION AGENCY,
DIOCESES OF MANANTHAVADY, NALLOORNADU P.O,
DWARAKA, WAYANAD-673591.
7 TOM JOSE,
POOVAKUNNEL HOUSE,
PAZHUPATHOOR P.O,
SULTAN BATTERY,
WAYANAD, PIN-673592.
BY ADV. SRI. V.VENUGOPAL - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.08.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 8509 OF 2021
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JUDGMENT
The petitioner, who is stated to be working as
a Full-time Menial in the "St.Sebastian's
A.U.P.School", Padichira, has approached this
Court impugning the orders issued by various
educational Authorities rejecting his request for
regularizing the service from 01.11.2008 to
31.05.2011.
2. The petitioner says that the impugned
orders are illegal, but concedes that the matter
is now pending before the Government for
ratification. He says that he has, therefore,
preferred Ext.P15 representation before the
Government and seeks that same be directed to be
taken up and disposed of at the earliest.
3. The learned Government Pleader -
Sri.V.Venugopal, in response to the afore
submissions of Sri.G.Santhoshkumar - learned
WP(C) NO. 8509 OF 2021
counsel for the petitioner, submitted that if the
petitioner only requires Ext.P15 to be taken up
and disposed of, there does not appear to be any
legal impediment in doing so. He, however, prayed
that this Court may not make any affirmative
declarations in favour of the petitioner and leave
it to the competent Authority to take a decision
thereon as per law.
4. Since I notice from the pleadings on
record that the petitioner himself concedes that,
without proper ratification from the Government,
his request for reckoning of his service from
01.11.2008 cannot be granted, I deem it
appropriate to direct its competent Authority to
take up Ext.P15 representation and decide it
without any avoidable delay.
In the afore circumstances, I order this writ
petition and direct the competent Authority of the
Government to take up Ext.P15 representation of
WP(C) NO. 8509 OF 2021
the petitioner and dispose it of, after affording
an opportunity of being heard to him, as also the
Manager of the School - either physically or
through video conferencing - thus leading to an
appropriate order thereon, as expeditiously as is
possible, but not later than three months from the
date of receipt of a copy of this judgment.
I make it clear that, while the afore exercise
is completed, the competent Authority will
consider every material to be placed before him by
the petitioner, including the judgments in
W.P.(C)Nos. 9025 of 2021 and 11181 of 2021.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 8509 OF 2021
APPENDIX OF WP(C) 8509/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER
NO.101/2008 DATED 02.07.2008 ALONG WITH
THE ENDORSEMENT NO.K.DIS/B4-144/13
DATED 22.03.2013 IN FAVOUR OF THE
PETITIONER.
EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER
NO.172/2008 DATED 01.11.2008 IN FAVOUR
OF THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS NO.D-DIS
B3/4361/2008 DATED 15.07.2008 AND THE
APPENDIX ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS NO,D-DOS-
B4/4371/03 DATED 22.09.2009 ISSUED BY
THE 4TH RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE LETTER NO.B2-9629/2011
DATED 21.02.2012 ISSUED BY THE 4TH
RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE LETTER
NO.EMS/62670/12/DPI DATED 19.12.2012
ISSUED BY THE 2NS RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE RELEVANT EXTRACTS OF
THE G.O(P) NO.108/13/G.EDN DATED
25.03.2013 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P8 TRUE COPY OF G.O(P) NO.10/10/G.EDN
DATED 12.01.2010 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P9 TRUE COPY OF REVISION PETITION NO.NIL
DATED 24.08.2015 FILED BY THE 6TH
WP(C) NO. 8509 OF 2021
RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE ORDER OF THE 2ND
RESPONDENT BEARING
NO.EM.5/71714/2014/DPI/K.DIS DATED
30.06.2015.
EXHIBIT P11 TRUE COPY OF THE LETTER NO.B2/2247/2016
DATED 30.03.2016 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT P12 TRUE COPY OF THE REPORT OF THE 2ND
RESPONDENT FORWARDED TO THE 1ST
RESPONDENT VIDE LETTER
NO,EM(5)/31639/2016/DPI DATED
23.03.2016.
EXHIBIT P13 TRUE COPY OF THE REPRESENTATION
NUMBERED AS NO.G.DEN-NI/189/2018-G.EDN
(COMPUTER NO.894698) DATED 20.06.2018
SUBMITTED TO THE HON'BLE MINISTER FOR
GENERAL EDUCATION.
EXHIBIT P14 TRUE COPY OF THE APPLICATION UNDER RTI
ACT DATED 05.11.2020 AND THE REPLY
DATED 23.11.2020.
EXHIBIT P15 TRUE COPY OF THE REPRESENTATION OF THE
PETITIONER DATED 16.04.2021 SUBMITTED
BEFORE THE 1ST RESPONDENT.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
