Jiji P.Jose vs The State Of Kerala
2021 Latest Caselaw 16701 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                        WP(C) NO. 16386 OF 2021
PETITIONER:

          JIJI P.JOSE
          AGED 34 YEARS, W/O.TERIN JACOB P.KUNJUKUNJAN,
          UPSA, ST.MMC UP SCHOOL, KANIPAYOOR,
          THRISSUR DISTRICT - 680 517(RESIDING AT PULLIKOTTIL(H),
          PAZHANJI, THRISSUR DISTRICT - 680 542).

          BY ADVS.
          V.A.MUHAMMED
          M.SAJJAD


RESPONDENTS:

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

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

    3     THE DEPUTY DIRECTOR OF EDUCATION
          THRISSUR - 680 003.

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

    5     THE ASSISTANT EDUCATIONAL OFFICER
          KUNNAMKULAM, THRISSUR DISTRICT - 680 503.

    6     THE MANAGER, ST.MMC UP SCHOOL KANIPAYOOR
          THRISSUR DISTRICT - 680 517.

    7     THE HEADMASTER, ST.MMC UP SCHOOL KANIPAYOOR
          THRISSUR DISTRICT - 680 517.

          G.P. SMT.PARVATHY KOTTOL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16386 OF 2021

                                          2




                                  JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) call for the records relating to Exhibits P-2 and P-4 and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.

(ii) issue a writ of mandamus or other appropriate writ order or direction commanding the 5th Respondent to grant approval to Exhibit P-1 and P-3 appointments in view of Exhibit P-8 Government Order.

(iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondent to take a decision on Exhibit P-13 with notice to the Petitioner and in a time bound manner."

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 is appointed as UPSA in the 6 th respondent's school in a leave

vacancy from 07.01.2013 to 08.03.2013. Approval was rejected on the

ground that there was no established vacancy. Thereafter, the petitioner

was appointed against another vacancy with effect from 02.06.2014.

Approval was again rejected. It is submitted that after the staff fixation

orders for the academic year 2016-17 onwards was issued, the manager WP(C) NO. 16386 OF 2021

had approached the Government for approval of appointment of the

petitioner and an order was passed in revision. However, the

appointments covered by Exts.P1 and P3 were not considered in the said

order. The petitioner, therefore, moved a representation before the

Government. However, no orders are passed thereon. It is submitted that

Ext.P13 representation is now been moved by the petitioner before the

Government and the same is pending consideration.

4. There will, accordingly, be a direction to the 1 st respondent to take

up, consider and pass orders on Ext.P13 representation preferred by the

petitioner, with notice to the petitioner as well as the manager and any

other teachers likely to be affected by the orders to be passed thereon

and after hearing them, through any appropriate means, including video

conferencing, within a period of four 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. 16386 OF 2021

APPENDIX OF WP(C) 16386/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 07/01/2013.

Exhibit P2 TRUE COPY OF THE ORDER NO.B-167/2013 L.DIS.

OF THE MANAGER DATED 09/04/2013 OF THE MANAGER.

Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 03/06/2013.

Exhibit P4 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2013-14 VIDE NO.D.DIS./B/4589/2013 DATED 15/05/2014 ISSUED BY THE AEO, KUNNAMKULAM.

Exhibit P5 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 02/06/2014.

Exhibit P6 TRUE COPY OF THE ORDER NO.B-3649/14/K.DIS.

DATED 16/10/2015.

Exhibit P7 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2014-2015 NO.D.DIS./B-4052/2014 DATED 14/07/2014.

Exhibit P8 TRUE COPY OF THE G.O.NO.29/2016 G.EDN. DATED 29/01/2016.

Exhibit P9 TRUE COPY OF THE LETTER NO.B1-4692/16 OF THE DEO, CHAVAKKAD, ADDRESSING THE AEO KUNNAMKULAM DATED 22/06/2016.

Exhibit P10 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 02/01/2016.

Exhibit P11 TRUE COPY OF THE G.O.(RT) 3727/2017 G.EDN.

DATED 17/10/2017.

Exhibit P12 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 08/12/2017.

WP(C) NO. 16386 OF 2021

Exhibit P13 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 04/06/2021, (WITHOUT EXHIBITS).

RESPONDENT'S/S EXHIBITS: NIL