K.Unnikrishnan vs State Of Kerala
2021 Latest Caselaw 17016 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. 16603 OF 2021
PETITIONER:

          K.UNNIKRISHNAN,
          AGED 41 YEARS
          H.S.A (SOCIAL SCIENCE), DESABANDHU HIGHER SECONDARY
          SCHOOL, THACHAMPARA, MANNARKKAD, PALAKKAD DISTRICT.

          BY ADVS.
          GEORGE ABRAHAM
          JOBY D JOSEPH


RESPONDENTS:

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

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

    3     DISTRICT EDUCATIONAL OFFICER,
          MANNARKKAD, PALAKKAD DISTRICT 678 582.

    4     MANAGER,
          DESABANDHU HIGHER SECONDARY SCHOOL, THACHAMPARA,
          MANNARKKAD, PALAKKAD DISTRICT 678 582.

          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. 16603 OF 2021

                                          2




                                  JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) to issue a writ of certiorari, or any other appropriate writ, order or direction to quash Exhibit P-2, P-3 and P-7 orders issued by the 3rd respondent.

(ii) issue a writ of mandamus; or any other appropriate writ, order or direction, directing the respondents 1 to 3 to approve the appointment of the petitioner as H.S.A. Social Science, with effect from 1/6/2018 and grant all consequential benefits arise therefrom.

(iii) to issue a writ of mandamus; or any other appropriate writ, order or direction, directing the 1st respondent to consider Exhibit P-9 revision submitted by the petitioner."

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 promoted as HSA with effect from 01.06.2018 in the 4 th

respondent's school. It is submitted that the appointment was rejected

on grounds including that the accommodation in the school was not

sufficient to approve the petitioner's appointment. It is submitted that

by Ext.P6 judgment, sanction has been directed to be given to additional

posts in view of the fitness certificate issued by the competent authority. WP(C) NO. 16603 OF 2021

It is submitted that Ext.P7 order has been passed approving the

appointment of the petitioner form 01.06.2018 onwards as HSA.

However, the approval was granted only notionally. It is submitted by

the learned counsel for the petitioner that the petitioner has approached

the Government with Ext.P9 revision petition seeking approval from

01.06.2018 and all consequential benefits. It is submitted by the learned

counsel for the petitioner that the reason for rejection of approval of the

petitioner's appointment was not referable to the Government Order

dated 06.02.2021 and that therefore, the limiting of approval on notional

basis was improper.

4. In any view of the matter, I am of the opinion that since the

petitioner has approached the Government with Ext.P9 revision petition,

it is for the Government to consider and pass appropriate orders on the

same after hearing the petitioner and the manager. There will,

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

pass orders on Ext.P9 revision petition 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 WP(C) NO. 16603 OF 2021

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 16603 OF 2021

APPENDIX OF WP(C) 16603/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 1/6/2018.

Exhibit P2 TRUE COPY OF THE ORDER PASSED BY THE CONTROLLING OFFICER VIZ THE DISTRICT EDUCATIONAL OFFICER, MANNARKKAD, DATED 5/9/2018.

Exhibit P3 TRUE COPY OF THE ORDER ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, MANNARKKAD, DATED 7/10/2020.

Exhibit P4 TRUE COPY OF THE STAFF FIXATION ORDER DATED 6/10/2018 FOR THE ACADEMIC YEAR 2018-19.

Exhibit P5 TRUE COPY OF STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2019-20 DATED 17.7.2019.

Exhibit P6 TRUE COPY OF THE JUDGMENT IN WPC NO. 21496/20 DATED 22/1/2021.

Exhibit P7 TRUE COPY OF THE ORDER PASSED BY THE DEO DATED 3/6/2021.

Exhibit P8 TRUE COPY OF THE GO(MS) NO. 95/2019/G.EDN.

DATED 23/7/2019.

Exhibit P9 TRUE COPY OF REVISION DATED 9TH AUGUST, 2021 SUBMITTED BY THE PETITIONER.

RESPONDENT'S/S EXHIBITS: NIL