Krishnan Kannampally vs The State Of Kerala
2021 Latest Caselaw 5208 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

      FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942

                      WP(C).No.3633 OF 2021(D)

PETITIONER:
              KRISHNAN KANNAMPALLY
              AGED 56 YEARS
              SON 0F CHAKKAPPA, HIGH SCHOOL ASSISTANT (SOCIAL
              SCIENCE), I.U.HIGHER SECONDARY SCHOOL, PARAPPUR,
              KOTTAKKAL-676 503, MALAPPURAM DISTRICT, ( RESIDING AT
              KANNAMPALLY/MALAYIL HOUSE, P.O.KADAMPUZHA-676 553,
              MALAPPURAM DISTRICT)

              BY ADVS.
              SRI.V.A.MUHAMMED
              SRI.M.SAJJAD

RESPONDENT/S:
       1      THE STATE OF KERALA
              REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
              SECRETARIAT, THIRUVANANTHAPURAM-695 001

      2       THE SECRETARY TO GOVERNMENT,
              GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
              THIRUVANANTHAPURAM-695 001

      3       THE DIRECTOR OF GENERAL EDUCATION,
              JAGATHY, THIRUVANANTHAPURAM-695 014

      4       THE DEPUTY DIRECTOR OF EDUCATION,
              DOWN HILL, MALAPPURAM-676 519

      5       THE DISTRICT EDUCATIONAL OFFICER,
              TIRURANGADI, MALAPPURAM DISTRICT-676 306

      6       THE ACCOUNTANT GENERAL ( A & E) KERALA,
              THIRUVANANTHAPURAM-695 039

      7       THE HEADMASTER,
              I.U.HIGHER SECONDARY SCHOOL, PARAPPUR, KOTTAKKAL-676
              503, MALAPPURAM DISTRICT


              SR GP NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3633 OF 2021

                                   2




                             JUDGMENT

Dated this the 12th day of February 2021

This writ petition is filed seeking the following reliefs:-

(i) declare that Exhibits P-10 and P-11 are not applicable to the Petitioner, for he commenced service long before the issuance of those orders.

(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to reckon the services rendered by the Petitioner vide Exhibits P-1 to P-4 for the purpose of working out his terminal benefits.

(iii) declare that the Petitioner is entitled to get the benefits flowing from Exhibits P-7 to P-9 Judgments and vacation salary pursuant to Exhibit P-1.

2. It is submitted by the learned counsel for the petitioner

that the petitioner has preferred Ext. P12 representation before

the Government with regard to the approval of appointment of

the petitioner as HSA (SS) with effect from 04.10.1993 on a

regular basis.

3. Having heard the learned Government Pleader also, WP(C).No.3633 OF 2021

there will be a direction to the respondents to take up, consider

and pass appropriate orders on Ext. P12 representation having

due regard to Exts.P7, P8 and P9 as well. Orders shall be passed

within a period of three months from the date of receipt of the

copy of this judgment, after hearing the petitioner as well as the

Headmaster, through any appropriate means, including through

video conferencing.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

ssa WP(C).No.3633 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 04.10.1993

EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 06.06.1994

EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.10.1996

EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 04.06.1997

EXHIBIT P5 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 15.07.1997

EXHIBIT P6 TRUE COPY OF THE ORDER NO.M-32/96 DATED 02.07.1996 OF THE MANAGER

EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN WPC NO.20912/2016 DATED 07.07.2016

EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN WPC NO.20919/2015 DATED 10.12.2015

EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN WPC NO.6805/2017 DATED 08.04.2019

EXHIBIT P10 TRUE COPY OF THE GO (P) NO.47/2018/FIN DATED 21.03.2018 OF THE GOVERNMENT

EXHIBIT P11 TRUE COPY OF THE GO(P) NO.128/2018/FIN DATED 10.08.2018 OF THE GOVERNMENT

EXHIBIT P12 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE GOVERNMENT DATED 11.01.2021