Tom Jose vs State Of Kerala
2021 Latest Caselaw 13808 Ker

WP(C) NO. 9025 OF 2021

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                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
          FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
                          WP(C) NO. 9025 OF 2021
PETITIONER:

              TOM JOSE
              AGED 37 YEARS
              S/O THOMAS P.J,(FCTM), NIRMALA HIGH SCHOOL, KABANIGIRI,
              WAYANAD, (UNDER THE CORPORATE EDUCATION AGENCY, DIOCESES OF
              MANANTHAVADY), RESIDING AT POOVAKUNNEL HOUSE, PAZHUPATHOOR
              P.O, SULTHAN BATHERY, WAYANAD-PIN-673592.

              BY ADVS.
              FRANCO T.J.
              SRI.G.SANTHOSH KUMAR (P).
              SRI.V.R.SASSIDHARAN


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
              EDUCATION DEPARTMENT, SECRETARIAT(ANNEX),
              THIRUVANANTHAPURAM, PIN-695001.

     2        THE DIRECTOR OF GENERAL EDUCATION,
              DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
              THIRUVANANTHAPURAM, PIN-695014.

     3        THE DEPUTY DIRECTOR OF EDUCATION(DDE),
              OFFICE OF THE DDE, KALPETTA, WAYANAD, PIN-673122.

     4        THE DISTRICT EDUCATION OFFICER (DEO)
              OFFICE OF THE DEO, KALPETTA, WAYANAD, PIN-673122.

     5        THE ADDITIONAL CHIEF SECRETARY,
              DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM, PIN-695001.

     6        THE CORPORATE MANAGER,
              CORPORATE EDUCATION AGENCY, DIOCESES OF MANANTHAVADY,
              NALLOORNADU P.O, DWARAKA, WAYANAD-673591.
              SMT.NISHA BOSE, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.07.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9025 OF 2021

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                                     JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) Issue a writ of mandamus or any other appropriate writ, order or direction to the respondents 1 to 4 to consider Exts.P-1 to P-3 and Ext.P-9 in a time bound manner after affording an opportunity of hearing to the petitioner;

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction to the 1st respondent to reconsider Ext.P-4 revision petition and re-examine Ext.P-7 and protect the seniority and consequential monetary benefits entitled for;

(iii) Issue a writ of mandamus or any other appropriate writ, order or direction to the respondents 1 to 4 to regularize the service period of the petitioner from 01/11/2009 to 31/05/2011 for seniority and all consequential benefits with adherence to Exts.P-1 to P3;

(iv) Issue a writ of mandamus or any other appropriate writ, order or direction to the respondents 1 to 4 to disburse the salary arrear claim of the petitioner pertaining to the period 01-11-2009 to 31-05- 2011."

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 the

petitioner is appointed as Part Time Contingent Menial in the St.Joseph's

T.T.I. Mananthavady on 01.11.2008. It is submitted that the petitioner's

appointment was approved including him in the teachers package by Ext.P7.

It is contended that seeking approval from the initial date of appointment, WP(C) NO. 9025 OF 2021

the petitioner approached the 1st respondent with Ext.P11 representation and

seeks a consideration of the same.

4. Having heard the learned Government Pleader also, I am of the opinion

that Ext.P11 representation preferred by the petitioner before the 1 st

respondent is liable to be considered in accordance with law. There will,

accordingly, be a direction to the 1st respondent to take up, consider and pass

orders on Ext.P11 representation preferred by the petitioner, with notice to

the petitioner as well as the 6th respondent and after hearing them, through

any appropriate means, including video conferencing, within a period of

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

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 9025 OF 2021

APPENDIX OF WP(C) 9025/2021

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER NO.173/2008 DATED 01.11.2008 ALONG WITH THE ENDORSEMENT NO.K.DIS/B4-141/13 DATED 22.03.2013 IN FAVOUR OF THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER NO.44/2009 DATED 01.06.2009 IN FAVOUR OF THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE RELEVANT EXTRACTS OF THE PROCEEDINGS NO.D-DIS-B3/4240/2009 DATED 07/09/2009 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE APPEAL.NO. NIL DATED ON 25/07/2012 OF THE 6TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE LETTER NO,B2/8079/2021 DATED 09/11/2012 OF THE 4TH RESPONDENT ADDRESSED TO THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE LETTER NO EMS/62670/12/DPI DATED 19.12.2012 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE RELEVANT EXTRACTS OF THE GO(P) NO.108/13/G.EDN DATED 25/03/2013 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE LETTER NO.E.M.

(5)/31639/2016/DPI DATED 23/06/2016 FORWARDED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 20.06.2018 SUBMITTED TO THE HON'BLE MINISTER FOR GENERAL EDUCATION.

EXHIBIT P10 TRUE COPY OF THE APPLICATION UNDER RTI ACT DATED 05.11.2020 AND THE REPLY DATED 23/11/2020

EXHIBIT P11 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 16-04-2021 SUBMITTED BEFORE THE 1ST RESPONDENT

RESPONDENT'S/S EXHIBITS: NIL