Kerala High Court
Johnson Thomas vs State Of Kerala on 7 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
WP(C).No.418 OF 2021(B)
PETITIONER/S:
JOHNSON THOMAS
AGED 55 YEARS
S/O THOMAS, NOW WORKING AS HST (PHYSICAL SCIENCE),
ST.GEORGE HIGHER SECONDARY SCHOOL, KOTHAMANGALAM,
ERNAKULAM DISTRICT
BY ADV. SRI.PAULSON THOMAS
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA,
JAGATHY, THIRUVANANTHAPURAM, PIN-695 005.
3 DEPUTY DIRECTOR OF EDUCATION,
ERNAKULAM, OFFICE OF THE D.D.AT KAKKANAD, PIN-682
030.
4 DISTRICT EDUCATIONAL OFFICER,
KOTHAMANGALAM, PIN-686 691.
5 CORPORATE MANAGER,
CORPORATE EDUCATIONAL AGENCY, DIOCESE OF
KOTHAMANGALAM, PIN-686 691.
OTHER PRESENT:
GP- SMT. NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.418 OF 2021(B)
2
JUDGMENT
Dated this the 7th day of January 2021
This writ petition is filed seeking the following prayers:
"(i) issue a writ of certiorari quashing Ext.P6 and P7.
ii) issue a writ of mandamus or or appropriate writ or
direction directing the 4th respondent DEO to grant
approval to P1 appointment of petitioner as HST (Physical
Science) and grant all consequential service benefits
including salary.
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
Ext.P7 order rejecting approval to the petitioner's appointment, the
Manager has approached the 2nd respondent preferring Ext.P8 revision
petition. It is submitted that since the petitioner is retiring from service
on 31.5.2021, the revision may be considered and disposed of at the
earliest.
4. Having heard the learned Government Pleader also, there will be a
direction to the 2nd respondent to take up, consider and pass orders on
WP(C).No.418 OF 2021(B)
Ext.P8 revision petition submitted by the Manager. Appropriate orders
shall be passed on Ext.P8, after hearing the petitioner as well as the
Manger, through any appropriate means including video conferencing,
within a period of one month from the date of receipt of a copy of this
judgment.
This writ petition is ordered accordingly.
Sd/
ANU SIVARAMAN
JUDGE
Jm/
WP(C).No.418 OF 2021(B)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER AS W.E.F 1.6.2017
EXHIBIT P1 (A) TRUE COPY OF THE APPROVED APPOINTMENT ORDER
OF THE PETITIONER AS UPSA .W.E F 1.6.2009
EXHIBIT P2 TRUE COPY OF THE B.SC DEGREE CERTIFICATE OF
THE PETITIONER AWARDED BY UNIVERSITY OF
KERALA
EXHIBIT P3 TRUE COPY OF THE B.ED DEGREE CERTIFICATE OF
THE PETITIONER AWARDED BY BANGALORE
UNIVERSITY
EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED
8.3.2006 REGARDING GENUINENESS OF B.ED
DEGREE CERTIFICATE
EXHIBIT P5 TRUE COPY OF THE CERTIFICATE REGARDING
PAYMENT OF SALARY TO THE TRANSFERRED
TEACHER
EXHIBIT P6 TRUE COPY OF THE ORDER OF THE DEO,
KOTHAMANGALAM REJECTING APPROVAL NO
B4/3954/2017/K.DIS DATED 28.10.2017
EXHIBIT P7 TRUE COPY OF THE ORDER NO B4/30202/2017/DDE
IN APPEAL DATED 20.10.2018
EXHIBIT P8 TRUE COPY OF THE REVISION PETITION OF THE
MANAGER DATED 5.3.2020
EXHIBIT P9 TRUE COPY OF THE CIRCULAR NO EM3-200/97/DPI
DATED 7.4.1997
EXHIBIT P10 TRUE COPY OF THE LETTER OF THE DPI NO
H2/54211/06/L.DIS DATED 14.10.2006
