Jyothi S Unnithan vs The State Of Kerala
2021 Latest Caselaw 16930 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
                         WP(C) NO. 12417 OF 2021
PETITIONER:
              JYOTHI S UNNITHAN
              AGED 37 YEARS
              SON OF SASIDHARAN UNNITHAN, FULL TIME MENIAL, NSS HIGH
              SCHOOL, PULLIKKANAKKU, P.O. PULLIKKANAKKU, KAYAMKULAM,
              ALAPPUZHA DISTRICT-690 537 (RESIDING AT NARANNATHU
              KIZHAKKATHIL, P.O. PULLIKKANAKKU, KAYAMKULAM, ALAPPUZHA
              DISTRICT-690 537, (M-96332 37886)

              BY ADVS.
              V.A.MUHAMMED
              V.RAJASEKHARAN NAIR


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

     2        THE DIRECTOR OF GENERAL EDUCATION
              JAGATHY, THIRUVANANTHAPURAM - 695014

     3        THE DEPUTY DIRECTOR OF EDUCATION
              CIVIL STATION, ALAPPUZHA-688 001

     4        THE DISTRICT EDUCATIONAL OFFICER,
              MAVELIKARA, ALAPPUZHA DISTRICT-690 101

     5        THE MANAGER,
              NSS HIGH SCHOOL, PULLIKKANAKKU, P.O. PULLIKKANAKKU,
              KAYAMKULAM, ALAPPUZHA DISTRICT-690 537


OTHER PRESENT:
           SRI. BIJOY CHANDRAN-SR. G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12417 OF 2021
                                   2

                             JUDGMENT

This writ petition is filed seeking the following

prayers: -

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

(ii) declare that Exhibit P-1 appointment of the petitioner as F.T. Menial from 03.04.2021 onwards is legally valid and hence sustainable under law.

(iii) issue an interim direction commanding the respondents to grant approval to Exhibit P-1 appointment of the petitioner as F.T. Menial from 03.04.2021 onwards and disburse the attendant benefits forthwith.

(iv) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st respondent to effectively consider and pass appropriate orders upon Exhibit P-6 revision petition under Rule 92 of Chapter XIV-A KERs within a time frame after affording an opportunity of being heard to the petitioner."

2. Heard the learned counsel for the petitioner and

the learned Government Pleader.

3. It is submitted that the petitioner was appointed

as Full Time Menial on 03.04.2021 in a regular vacancy. WP(C) NO. 12417 OF 2021

Approval was declined on the ground that he exceeded

the maximum age limit for such appointment. The

petitioner submitted Ext.P6 revision petition before the

Government and seeks a consideration thereof. Ext.P7

judgment is also relied on.

4. The learned Government Pleader submits, on

instructions, that a review petition has been preferred as

against Ext.P7 judgment and the issue is still at large.

5. It is submitted by the learned counsel for the

petitioner that Ext.P9 and Ext.P10 would show that Ext.P6

revision petition has been received by the Government.

6. In the above view of the matter, there will be a

direction to the 1st respondent to take up, consider and

pass orders on Ext.P6 revision petition preferred by the

petitioner with notice to the petitioner as well as the

Manager and taking note of the applicable government

orders as to the age limit for appointment as F.T.M in

aided schools. Orders shall be passed within a period of WP(C) NO. 12417 OF 2021

three months from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Bng/13.08.2021 WP(C) NO. 12417 OF 2021

APPENDIX OF WP(C) 12417/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 03.04.2021.

Exhibit P2 TRUE COPY OF THE ORDER NO. B2/22244/2021 DATED 18.05.2021 OF THE DEO.

Exhibit P3 TRUE COPY OF THE RELEVANT PAGE OF THE SSLC BOOK OF THE PETITIONER.

Exhibit P4 TRUE COPY OF THE PUBLIC SERVICES (RAISING OF UPPER AGE LIMIT FOR APPOINTMENT RULES, 1978(S.R.O NO. 839/1978)

Exhibit P5 TRUE COPY OF THE G.O(MS) NO. 28/2012/P& ARD DATED 20.06.2012 OF THE GOVT.

Exhibit P6 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 05.06.2021.

Exhibit P7 TRUE COPY OF THE JUDGMENT IN W.P.C NO.

14349/2019 DATED 14.10.2020.

Exhibit P8 TRUE COPY OF THE JUDGMENT IN W.P.C NO.

30430/2016 DATED 13.02.2017.