Kerala High Court
Noble Cherian vs State Of Kerala on 15 February, 2021
0IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942
WP(C).No.2618 OF 2021(B)
PETITIONERS:
1 NOBLE CHERIAN
AGED 38 YEARS
HST MALAYALAM, THARAKAN HIGH SCHOOL, ANGADIPURAM,
MALAPPURAM-679321.
2 RANJITH KUMAR T.,
HST MALAYALAM, THARAKAN HIGH SCHOOL, ANGADIPURAM,
MALAPPURAM-679321.
3 RAMYA P.V.,
HST ENGLISH, THARAKAN HIGH SCHOOL, ANGADIPURAM,
MALAPPURAM-679321.
BY ADVS.
SRI.AUGUSTINE JOSEPH
SRI.K.S.ROCKEY
SRI.TONY AUGUSTINE
SRI.GEORGE RENOY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DISTRICT EDUCATIONAL OFFICER,
DOWN HILL, MALAPPURAM-676505.
3 THE MANAGER,
THARAKAN HIGH SCHOOL, ANGADIPURAM, MALAPPURAM-679321.
OTHER PRESENT:
T RAJASEKHARAN NAIR SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2021, ALONG WITH WP(C).1420/2021(B), WP(C).2304/2021(K), THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos.2618, 1420 & 2304 OF 2021
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942
WP(C).No.1420 OF 2021(B)
PETITIONER:
SUJITHA BALAN
AGED 38 YEARS
LPSA, THARAKAN HIGH SCHOOL, ANGADIPURAM,
MALAPPURAM-679 321.
BY ADVS.
SRI.AUGUSTINE JOSEPH
SRI.K.S.ROCKEY
SRI.TONY AUGUSTINE
SRI.GEORGE RENOY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 DISTRICT EDUCATIONAL OFFICER,
DOWN HILL, MALAPPURAM-676 505.
3 THE MANAGER,
THARAKAN HIGH SCHOOL, ANGADIPURAM, MALAPPURAM-
679 321.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.02.2021, ALONG WITH WP(C).2304/2021(K),
WP(C).2618/2021(B), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).Nos.2618, 1420 & 2304 OF 2021
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942
WP(C).No.2304 OF 2021(K)
PETITIONERS:
1 PRASAD.V
AGED 38 YEARS
UPSA, THARAKAN HIGH SCHOOL, ANGADIPURAM,
MALAPPURAM-679321.
2 SUDHEESH.V,
LPSA, THARAKAN HIGH SCHOOL, ANGADIPURAM,
MALAPPURAM-679321.
3 SREELAKSHMI.C.S,
UPSA, THARAKAN HIGH SCHOOL, ANGADIPURAM,
MALAPPURAM-679321.
BY ADVS.
SRI.AUGUSTINE JOSEPH
SRI.K.S.ROCKEY
SRI.TONY AUGUSTINE
SRI.GEORGE RENOY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DISTRICT EDUCATIONAL OFFICER,
DOWN HILL, MALAPPURAM-676505.
3 THE MANAGER,
THARAKAN HIGH SCHOOL, ANGADIPURAM, MALAPPURAM-
679321.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.02.2021, ALONG WITH WP(C).1420/2021(B),
WP(C).2618/2021(B), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).Nos.2618, 1420 & 2304 OF 2021
4
JUDGMENT
[WP(C).2618/2021, WP(C).1420/2021,
WP(C).2304/2021 ]
Dated this the 15th day of February 2021
These writ petitions are filed challenging rejection of
approval of the appointment of the petitioners herein. It is
submitted that the appointments had been made during the
ban period to additional division vacancies. The learned
counsel for the petitioners submits that the Government had
issued general orders by G.O.(P) No.4/2021 G.Edn dated
06.02.2021 wherein it has been directed that the orders of
rejection of approval of appointment during the ban period
pursuant to the order dated 12.01.2010 will be subjected to
a revision on the basis of the directions issued in that
Government Order.
2. The learned counsel for the petitioners submits
that the petitioners are also persons similarly situated and
WP(C).Nos.2618, 1420 & 2304 OF 2021
that the rejection of the proposals for approval of their
appointments are liable to be reconsidered in the light of the
Government Order dated 06.02.2021.
3. Having heard the learned counsel for the
petitioner as well as the learned Government Pleader, I am
of the opinion that the issue with regard to rejection of
approval of the petitioners' appointment requires a
reconsideration in the light of the Government Order dated
06.02.2021.
4. In the above view of the matter, the rejection of
approval of the petitioners' appointment in these cases are
set aside. There will be a direction to the 2 nd respondent in
these matters to reconsider the claim of the petitioners
herein for approval with notice to the petitioners as well as
the 3rd respondent. Appropriate steps shall be taken on the
basis of G.O.(P) No.4/2021 G.Edn dated 06.02.2021 within a
period of one month from the date of receipt of a copy of
this judgment. The petitioners shall produce a copy of this
WP(C).Nos.2618, 1420 & 2304 OF 2021
judgment along with a copy of these writ petitions before
the 2nd respondent for compliance. In case the petitioners'
appointments are liable to be approved, the consequential
benefits shall be released within a period of three months
thereafter.
These writ petitions are disposed of accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Bng/15.02.2021
WP(C).Nos.2618, 1420 & 2304 OF 2021
APPENDIX OF WP(C) 2618/2021
PETITIONERS EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER
DATED 5.9.2007 OF THE 1ST PETITIONER.
EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER
DATED 2.6.2008 OF THE 1ST PETITIONER.
EXHIBIT P3 TRUE COPY OF THE GOVERNMENT ORDER DATED
27.3.2015.
EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER OF
THE 2ND PETITIONER DATED 30.7.2008.
EXHIBIT P5 TRUE COPY OF THE APPOINTMENT ORDER OF
THE 2ND PETITIONER DATED 1.6.2010.
EXHIBIT P6 TRUE COPY OF THE GOVERNMENT ORDER DATED
26.2.2015.
EXHIBIT P7 TRUE COPY OF THE APPOINTMENT ORDER OF
3RD PETITIONER DATED 19.8.2008.
EXHIBIT P8 TRUE COPY OF THE APPOINTMENT ORDER OF
3RD PETITIONER DATED 9.2.2010.
EXHIBIT P9 TRUE COPY OF THE GOVERNMENT ORDER DATED
1.8.2013.
EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN
W.A.NO.2290/2015 DATED 25.7.2017.
EXHIBIT P11 TRUE COPY OF THE JUDGMENT IN
WP(C)NO.21071/2018 DATED 2.11.2018.
EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED
19.1.2021.
WP(C).Nos.2618, 1420 & 2304 OF 2021
APPENDIX OF WP(C) 1420/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER O
THE PETITIONER DATED 2.6.2008
EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER IN
GO(RT) NO 2741/2013/G.EDN DATED
3.7.2013
EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN W.A.NO
2290/15 DATED 25.7.2017
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WP(C) NO
21071/2018 DATED 2.11.2018
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED
19.01.2021.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED
28/05/2019 IN WP(C).NO.40491/2018.
EXHIBIT P7 TRUE COPY OF THE ORDER IN G.O.
(P)NO.4/2021/G.EDN DATED 06.02.2021
WP(C).Nos.2618, 1420 & 2304 OF 2021
APPENDIX OF WP(C) 2304/2021
PETITIONERS EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER
DATED 02.06.2008 OF THE 1ST PETITIONER.
EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER
DATED 01.06.2009.
EXHIBIT P3 TRUE COPY OF THE GOVERNMENT ORDER DATED
09.05.2013.
EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER
DATED 01.06.2009 OF THE 2ND PETITIONER.
EXHIBIT P5 TRUE COPY OF THE APPOINTMENT ORDER
DATED 09.02.2010 OF THE 2ND PETITIONER.
EXHIBIT P6 TRUE COPY OF THE GOVERNMENT ORDER DATED
16.08.2013.
EXHIBIT P7 TRUE COPY OF THE APPOINTMENT ORDER OF
THE 3RD PETITIONER DATED 09.02.2010.
EXHIBIT P8 TRUE COPY OF THE APPOINTMENT ORDER OF
THE 3RD PETITIONER DATED 01.06.2010.
EXHIBIT P9 TRUE COPY OF THE GOVERNMENT ORDER DATED
03.09.2013.
EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED
25.07.2017 IN W.A.NO.2290/2015.
EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED
02.11.2018 IN W.P(C)NO.21071/2018.
EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED
19.01.2021.
