Joseph C J vs State Of Kerala
2021 Latest Caselaw 4842 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

                      WP(C).No.21806 OF 2019(A)

PETITIONERS:

      1        JOSEPH C J
               AGED 41 YEARS
               S/O.JOHN.C.O, LAB ASSISTANT, P.V.S HIGHER SECONDARY
               SCHOOL, PARAPPUKKARA, THRISSUR DISTRICT - 680 310

      2        PRASAD G PILLAI
               AGED 33 YEARS
               S/O.GOPALAKRISHNA PILLAI, LAB ASSISTANT, SREE DURGA
               VILASAM HIGHER SECONDARY SCHOOL, PERAMANGALAM,
               THRISSUR DISTRICT - 680 545

               BY ADVS.
               SRI.LINDONS C.DAVIS
               SMT.E.U.DHANYA

RESPONDENTS:

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

      2        DIRECTOR OF HIGHER SECONDARY EDUCATION
               HOUSING BOARD BUILDING, SANTHI NAGAR,
               THIRUVANANTHAPURAM - 695 001

      3        REGIONAL DEPUTY DIRECTOR
               HIGHER SECONDARY EDUCATION, EDAPPILLY RAGHAVAN PILLAI
               ROAD, EDAPPILLY,ERNAKULAM - 682 024

      4        MANAGER
               P.V.S.HIGHER SECONDARY SCHOOL,
               PARAPPUKKARA, THRISSUR DISTRICT - 680 310

      5        MANAGER
               SREE DURGA VILASAM HIGHER SECONDARY SCHOOL,
               PERAMANGALAM, THRISSUR - 680 545

               SR.GP - SRI. P.M.MANOJ

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
10.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.21806 OF 2019(A)     2


                         JUDGMENT

The petitioners have approached this Court seeking that

Exts.P2 and P3 be quashed, to the extent to which, it has denied

creation of 272 posts of Lab Assistants for the Academic year

2011-12, as had been proposed by the second respondent; and

they further assail Exts. P4 and P7, which granted approval to

their appointments, as Lab Assistants only with effect from

15.07.2013 and 27.03.2013 respectively, instead of 06.07.2012

and 01.11.2012 when they were originally appointed. The

petitioners, consequently, pray that respondents 1 to 3 be

directed to approve their appointments with effect from the

aforementioned dates, within a time frame to be fixed by this

Court.

2. I notice that, in an identical matter, another learned

Judge of this Court has issued Ext.P9 judgment; and to a

pointed question, the learned Senior Government Pleader was

unable to inform me whether there is any difference in the facts

impelled in this case, and that were noticed by the learned

Judge in Ext.P9 judgment.

3. When I examine the said judgment in the backdrop

of the facts averred herein, I am of the opinion that the views

recorded therein should apply in all its force to the claims of the

petitioners urged in this writ petition.

In the afore circumstances, I allow this writ petition and

quash Exts.P4 and P7 to the extent to which it has denied

approval to the petitioners with effect from 06.07.2012 and

01.11.2012 respectively; and consequentially, direct the third

respondent-Regional Deputy Director to issue revised orders for

approval of the appointment of the petitioners thus, adverting to

the judgment in W.P.(C) No.11033 of 2014; which exercise shall

be completed, within a period of two months from the date of

receipt of a copy of this judgment, leading to all consequential

benefits to be disbursed to the petitioners, without any further

delay thereafter.

Needless to say, as has been clarified in Ext.P9 judgment,

the directions herein will also be subject to the Special Leave

Petition pending before the Hon'ble Supreme Court.

Sd/-

DEVAN RAMACHANDRAN

JUDGE LEK

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A COPY OF THE APPOINTMENT ORDER DATED 18.07.2012 APPOINTING THE 1ST PETITIONER FROM 06.07.2012 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P2 A TRUE COPY OF THE G.O(MS)NO.76/2013/G.EDN. DATED 23.02.2013 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P3 A TRUE COPY OF THE G.O(MS)NO.165/2013/G.EDN. DATED 15.05.2013 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P4 A TRUE COPY OF ORDER NO.B3/773/14/RDDE/HSE/2014 DATED 11.07.2014 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P5 A TRUE COPY OF THE APPOINTMENT ORDER DATED 01.11.2012 ISSUED BY THE 5TH RESPONDENT

EXHIBIT P6 A TRUE COPY OF THE ORDER NO.B2/5842 RDDE/IISE/2013 DATED 08.11.2013 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P7 A COPY OF THE ORDER NO.A2/5023/RDD/HSE/EKM/2019 DATED 12.06.2019 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P8 A TRUE COPY OF THE JUDGMENT DATED 1.6.2015 IN WPC NO 16613/2014

EXHIBIT P9 A COPY OF THE JUDGMENT DATED 30.11.2020 IN WPC NO 26311/2015