Joseph Varghese vs The State Of Kerala
2021 Latest Caselaw 14308 Ker

WP(C) NO. 13551 OF 2021            1


                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
       THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
                          WP(C) NO. 13551 OF 2021
PETITIONER:

         JOSEPH VARGHESE,
         AGED 47 YEARS
         S/O. VARGHESE, OFFICE ATTENDANT, ST. GEORGE'S HIGH SCHOOL,
         MANIMALA, KOTTAYAM DISTRICT-686543.

        BY ADVS.
        V.A.MUHAMMED
        M.SAJJAD



RESPONDENTS:

   1    THE STATE OF KERALA,
        REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
        EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
        THIRUVANANTHAPURAM-695001.

   2    THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION,
        VAYASKARAKUNNU, KOTTAYAM-686001.

   3    THE DISTRICT EDUCATIONAL OFFICER,
        KANJIRAPPALLY, KOTTAYAM DISTRICT-686507.

   4    THE CORPORATE MANAGER (SCHOOLS),
        ARCH DIOCESE OF CHANGANACHERRY, PASTORAL CENTRE, P.B.
        NO.20,CHANGANACHERRY, KOTTAYAM DISTRICT-686101.

   5    THE HEADMASTER,
        ST. GEORGE'S HIGH SCHOOL, MANIMALA,
        KOTTAYAM DISTRICT-686543.


            SMT. NISHA BOSE- SR. G.P.


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13551 OF 2021                 2


                                   JUDGMENT

This writ petition is filed seeking the following reliefs:

(1) call for the records relating to Exhibit P3 and set aside the original of the same to the extent it denies approval to the appointment of the petitioner as Full Time Menial from 24.01.2000 by the issue of a writ of certiorari or other appropriate writ or order.

(2) issue a writ of mandamus or other appropriate writ, order or direction commanding the 3rd respondent to approve the appointment of the petitioner as Full Time Menial from the initial date i.e. 24.01.2000 and disburse the attendant benefits forthwith.

(3) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st respondent to consider and pass appropriate orders upon Exhibit P7 after affording an opportunity of being heard to the petitioner and within a time limit.

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 was appointed as Full Time Menial from 24.01.2000 against the

promotion vacancy of Smt.Mini Varghese as Lab Assistant. It is submitted that

the appointment was approved only from 28.03.2003 on the ground that the

appointment of Smt.Mini Varghese was approved only from that date. It is

submitted that by Ext.P5 order dated 22.02.2019, the appointment of Smt.Mini

Varghese was approved with effect from 03.01.2000. It is submitted that

thereafter, the petitioner has approached the Government with Ext.P7 revision

petition seeking approval of appointment of the petitioner from the date on

which the vacancy arose.

4. The learned Government Pleader submits that since Ext.P7 has already

been placed before the Government, the same will 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.P7 revision petition preferred by the petitioner

with notice to the petitioner as well as the Manager and after hearing them

through any appropriate means, including by video conferencing. Exts.P5 and

P6 proceedings shall be taken note of, while passing orders as directed above.

Orders shall be passed 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 SVP

APPENDIX OF WP(C) 13551/2021

PETITIONER ANNEXURE

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 24/01/2000.

Exhibit P2 TRUE COPY OF THE JOINING REPORT.

Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 24/01/2000 ALONG WITH APPROVAL RECORDED THEREIN.

Exhibit P4 TRUE COPY OF THE G.O.(MS) NO.

146/2018/G.EDN. DATED 08/10/2018 OF THE GOVT.

Exhibit P5 TRUE COPY OF THE ORDER NO.

B4/8029/2018/RDD/HSE/KOTTAYAM DATED 22/02/2019 OF THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE GO(RT) NO. 1414/2021/G.EDN.

DATED 11/02/2021 OF THE GOVERNMENT.

Exhibit P7 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 31/05/2021 (WITHOUT EXHIBITS).