Kerala High Court
David John vs State Of Kerala on 4 December, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
SATURDAY, THE 4TH DAY OF DECEMBER 2021 / 13TH AGRAHAYANA, 1943
WP(C) NO. 27714 OF 2021
PETITIONER:
DAVID JOHN, RETIRED HEADMASTER, CMS HIGHER SECONDARY
SCHOOL, ROUND WEST, THRISSUR-680 001 RESIDING AT
JATHIKKA THOPPIL HOUSE, ALUKKAL GARDEN, NEAR CHINMAYA
SCHOOL, KOLAZHY P.O., THRISSUR-680 010.
SRI.KALEESWARAM RAJ
SRI.VARUN C.VIJAY
SRI.THULASI K. RAJ
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL
EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695 001.
3 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE
DEPUTY DIRECTOR OF EDUCATION, SECOND FLOOR, CIVIL
STATION, AYANTHOL, THRISSUR-680 001.
4 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT
EDUCATIONAL OFFICER, PALACE ROAD, THRISSUR-680 001.
5 CORPORATE MANAGER, C.M.S SCHOOLS (COCHIN AREA),
ROUND WEST, THRISSUR-680 001.
6 SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
7 PRINCIPAL ACCOUNTANT GENERAL (A&E)
OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL,
THIRUVANANTHAPURAM-695 001.
WP(C) NO. 27714 OF 2021
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8 CHIEF SECRETARY TO GOVERNMENT OF KERALA
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
SMT. NISHA BOSE SR.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.12.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 27714 OF 2021
3
JUDGMENT
Even though various allegations, averments and
assertions have been urged by the petitioner in this writ
petition, when this matter was called today, Smt.Kavya Varma
- appearing for the petitioner, confined her plea that the sixth
respondent - Secretary to the Government, be directed to
consider Ext.P15 representation preferred by her client on
02.12.2021, within a time frame to be fixed by this Court.
2. Smt.Nisha Bose, learned Senior Government Pleader,
submitted that this writ petition is premature because
Ext.P15 was preferred only a few days ago. She then,
however, submitted that if this Court is only inclined to direct
the sixth respondent to take up the said representation and
dispose it of, then there is no legal impediment in doing so;
however praying that this Court may not make any affirmative
declarations as to the entitlement of the petitioner to any
relief and leave it to the competent Authority to take a
decision on it in terms of law. She added that she is making
this submission because, going by the claims made by the
petitioner, she is not sure if she is entitled to the same as per
WP(C) NO. 27714 OF 2021
the provisions of the applicable Statutes and Regulations.
3. In the afore circumstances, I allow this writ petition
and direct the sixth respondent to take up Ext.P15
representation of the petitioner and dispose of the same, after
affording an opportunity of being heard to her, as well as to
the fifth respondent or his authorised representative; thus
culminating in an appropriate order and necessary action
thereon, as expeditiously as is possible, but not later than four
months from the date of receipt of a copy of this judgment.
In order to obtain an expeditious compliance of the afore
directions and because Ext.P15 has been preferred only a few
days ago, I direct the petitioner to approach the sixth
respondent with a certified copy of the judgment, along with a
complete set of the writ petition; and the time frame in this
judgment will begin from the date on which it is so done.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 27714 OF 2021
APPENDIX OF WP(C) 27714/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 10.8.2007
IN WPC NO.22840/2007.
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 23.8.2007
IN WPC NO.25720/2007.
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 6.9.2007 IN
WPC NO.26636 OF 2007.
Exhibit P4 TRUE COPY OF THE ORDER DATED 17.4.2008.
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 13.7.2009
IN WPC 23220/2008.
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 7.12.2009
IN WPC NO.35155/2009.
Exhibit P7 TRUE COPY OF JUDGMENT DATED 1.11.2020 IN
WPC NO.30093/2010.
Exhibit P8 TRUE COPY OF G.O.(RT)NO.1457/11/G.EDN.
DATED 12.4.2011.
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 27.1.2014
IN WPC NO.13047/2011.
Exhibit P10 TRUE COPY OF THE LETTER DATED 21.1.2015
ISSUED BY THE IST RESPONDENT.
Exhibit P11 TRUE COPY OF THE LETTER DATED 8.5.2015
ISSUED BY THE 3RD RESPONDENT.
Exhibit P12 TRUE COPY OF THE JUDGMENT DATED 21.5.2019
IN WPC NO.26544/2015.
Exhibit P13 TRUE COPY OF THE ORDER NO.B6-1751/20 DATED
24.7.2020.
WP(C) NO. 27714 OF 2021
Exhibit P14 TRUE COPY OF THE LETTER NO.P.W.C.A
3/37/2020/FIN DATED 1.7.2021.
Exhibit P15 TRUE COPY OF THE REPRESENTATION DATED
2.12.2021 SUBMITTED BY THE PETITIONER TO
THE 6TH RESPONDENT.
