Solomon Joseph vs The State Of Kerala
2021 Latest Caselaw 6798 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942

                        WP(C).No.5115 OF 2021(L)


PETITIONER/S:

      1         SOLOMON JOSEPH,
                AGED 33 YEARS
                SON OF P.T.JOSEPH, UPSA, FORMERLY IN HOLY FAMILY UP
                SCHOOL, INCHIYANI, KANJIRAPALLY, KOTTAYAM
                DISTRICT.NOW AT ST. JAMES UP SCHOOL, KANNIMALA,
                KANNIMALA, KANJIRAPALLY, KOTTAYAM DISTRICT 686 509

      2         DEEPA JACOB
                UPSA, FORMERLY IN ST. JOSEPH'S UP SCHOOL,
                KOOVAPPALLY, KANJIRAPALY, KOTTAYAM DISTRICT. NOW AT
                ST. ANTONY'S UP SCHOOL, MUNDAKAYAM EAST P.O.,
                PEERMADE, IDUKKI DISTRICT 686 513

      3         ANURANI SEBASTIAN
                LPSA, FORMERLY IN ST. JOSEPH' S UP SCHOOL,
                KOOVAPPALLY, KANJIRAPALLY, KOTTAYAM DISTRICT,
                RESIDING AT VADUTHALAKUNNEL, CHATHANTHARA, KOLLAMULA,
                PATHANAMTHITTA DISTRICT 686 510

      4         SR. SOUMYA THOMAS
                LPSA, FORMERLY IN ST. JOSEPH'S LP SCHOOL,
                VELICHIYANI, KANJIRAPALLY, KOTTAYAM DISTRICT. NOW AT
                ST. MARY'S LP SCHOOL, KANCHIYAR, KATTAPPANA, IDUKKI
                DISTRICT 685 511.

      5         JULIE ABRAHAM
                LPSA, FORMERLY IN ST. JOSEPH'S LP SCHOOL,
                VELICHIYANI, KANJIRAPALLY, KOTTAYAM DISTRICT, NOW AT
                ST. MATHEWS LP SCHOOL, KAKKUDAMON, KANNAMPALLY,
                RANNI, PATHANAMTHITTA DISTRICT 689 711

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

RESPONDENT/S:

      1         THE STATE OF KERALA
                REP.BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION
                DEPARTMENT, SECRETARIAT ANNEXURE - II,
                THIRUVANANTHAPURAM 695 001.
 WP(C).No.5115 OF 2021

                                2


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

      3      THE DEPUTY DIRCTOR OF EDUCATION
             KOTTAYAM 686 001

      4      THE ASSISTANT EDUCATIONAL OFFICER
             KANJIRAPALLY, KOTTAYAM DISTRICT 686 506

      5      THE CORPORATE MANAGER
             DIOCESE OF KANJIRAPALLY, KANJIRAPALLY, KOTTAYAM
             DISTRICT 686 506


             SR GP NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5115 OF 2021

                                             3




                                     JUDGMENT

Dated this the 26th day of February 2021

This writ petition is filed seeking the following reliefs:-

(i) call for the records relating to Exhibit P-11 and set aside the original of the same by the issue writ of certiorari or other appropriate writ or order.

(ii) issue a writ of mandamus or appropriate writ order or direction commanding the Respondents to grant approval to the appointments of the Petitioners covered by Exhibit P-1 to P-5 on scale of pay basis.

(iii) issue a writ of mandamus or appropriate writ order or direction commanding the 1 st Respondent to take a decision on Exhibits P- 10 within a time limit with notice to the Petitioners, keeping in abeyance Exhibit P-11 order.

2. Heard the learned counsel for the petitioners and the

learned Government Pleader.

3. It is submitted by the learned counsel for the

petitioners that the petitioners were appointed against regular

vacancies in schools under the 5th respondent Corporate WP(C).No.5115 OF 2021

Management.

4. It is submitted that the appointments were approved

by the Government only on daily wage basis on the ground that

the appointments were for less than one academic year. The

petitioners had preferred Ext.P10 revision petition against the

refusal to grant them approval on a regular basis on a regular

scale of pay. It is submitted that in the meanwhile, on the basis

of certain audit objections, Ext.P11 proceedings have been issued

by the AEO directing the recovery of salary paid to the

petitioners.

Having considered the contentions advanced, I am of the

opinion that since the petitioners have approached the

Government with Ext.P10 revision petition, the issue is liable to

be considered by the Government in accordance with law. There

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

consider and pass orders on Ext.P10 revision petition preferred

by the petitioner, with notice to the petitioner as well as the

Corporate Manager and after hearing them through any

appropriate means, including video conferencing within a period WP(C).No.5115 OF 2021

of three months from the date of receipt of a copy of this

judgment. Till orders are passed on Ext.10, further proceedings

pursuant Ext.P11 shall be kept in abeyance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

ssa WP(C).No.5115 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 5.6.2017

EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 5.6.2017

EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE 3RD PETITIONER DATED 7.6.2017

EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER OF THE 4TH PETITIONER DATED 8.6.2017

EXHIBIT P5 TRUE COPY OF THE APPOINTMENT ORDER OF THE 5TH PETITIONER DATED 7.6.2017

EXHIBIT P6 TRUE COPY OF THE G.O.(P) NO.104/2008/G.EDN DATED 10.6.2008

EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.20912/2016 DATED 7.7.2016.

EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.20919/2015 DATED 10.12.2015.

EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.6805/2017 DATED 8.4.2019.

EXHIBIT P10 TRUE COPY OF THE CONSOLIDATED REVISION PETITION DATED 21.12.2020 FILED BY THE PETITIONERS BEFORE THE GOVERNMENT (WITHOUT EXHIBITS)

EXHIBIT P11 TRUE COPY OF THE COMMUNICATION DATED 12.1.2021 ISSUED BY THE 4TH RESPONDENT ADDRESSED TO THE 5TH RESPONDENT.

EXHIBIT P12 TRUE COPY OF THE G.O.(P) NO.3/2019/G.EDN DATED 28.2.2019

EXHIBIT P13 TRUE COPY OF THE GOVERNMENT CIRCULAR NO.J2/57/2019/G.EDN DATED 8.3.2019