Ranjith K.P vs State Of Kerala
2021 Latest Caselaw 1340 Ker

WP(C).No.878 OF 2021(H)

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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

  WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942

                       WP(C).No.878 OF 2021(H)


PETITIONER/S:

                RANJITH K.P
                AGED 35 YEARS
                HST NATURAL SCIENCE, IKTHS SCHOOL, CHERUKULAMBA,
                MALAPPURAM - 676523.

                BY ADVS.
                SRI.AUGUSTINE JOSEPH
                SRI.K.S.ROCKEY
                SRI.TONY AUGUSTINE
                SRI.GEORGE RENOY

RESPONDENT/S:

      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 - 676519.

      3         THE MANAGER,
                IKTHS SCHOOL, CHERUKULAMBA, MALAPPURAM - 676523.


OTHER PRESENT:

                NISHA BOSE SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.878 OF 2021(H)

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                                 JUDGMENT

Dated this the 13th day of January 2021

This writ petition is filed seeking the following prayers: "(i) issue a writ of mandamus to the 2 nd respondent to approve the appointment of the petitioner with effect from 1.6.2010 onwards on regular scale and further to pay all consequential benefits including vacation salary, April, May 2011 within a time limit.

ii) Issue a writ of mandamus or any other writ, order or direction to the 1st respondent to consider Ext.P5 revision petition, in the light of the dictum, Nadeera Vs. State of Kerala 2011 (3) KLT 790 within a time limit and afford an opportunity of hearing to the petitioner.

iii) issue such other writs, orders, directions including interim orders deem fit in the circumstances of the case."

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

3. It is submitted by the learned Counsel for the petitioner that against

the orders rejecting approval to his appointment, petitioner has

approached the Government by filing Ext.P5 revision petition. It is

submitted that the revision petition is liable to be considered and

disposed of in the light of the judgment of a Division Bench of this Court WP(C).No.878 OF 2021(H)

in State of Kerala Vs.Nadeera [2013 (2) KLT 88].

4. Having heard the learned Government Pleader also, there will be a

direction to the 1st respondent to take up, consider and pass orders on

Ext.P5 representation submitted by the petitioner, after notice to the

petitioner and the Manager within a period of three months from the

date of receipt of a copy of this judgment. In case the petitioner is found

eligible for approval, the approval shall be granted and consequential

monetary benefits shall also be released within a period of three months

thereafter.

This writ petition is ordered accordingly.

Sd/

ANU SIVARAMAN

JUDGE

Jm/ WP(C).No.878 OF 2021(H)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 1.6.2010 OF THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS DATED 20.11.2010 OF THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE ENDORSEMENT OF APPROVAL DATED 13.12.2011 BY THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS DATED 26.12.2011 OF THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REVISION PETITION DATED 10.12.2020.