Citation : 2021 Latest Caselaw 14527 Ker
Judgement Date : 13 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
WP(C) NO. 13575 OF 2013
PETITIONERS:
1 MINI KURIAN, H.S.A.(HINDI), ST. MARY'S HIGH SCHOOL,
KAKKADAMPOYIL, KOZHIKODE DISTRICT.
2 LOVELY JOSEPH, H.S.A.(S.S.), ST. MARY'S HIGH SCHOOL,
KAKKADAMPOYIL, KOZHIKODE DISTRICT.
BY ADVS.
SRI.P.J.MATHEW
SRI.AJITH GEORGE
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF PUBLIC INSTRUCTION,
THIRUVANANTHAPURAM-695001.
3 DEPUTY DIRECTOR OF EDUCATION,
KOZHIKODE-673001.
4 DISTRICT EDUCATIONAL OFFICER,
THAMARASSERY, KOZHIKODE DISTRICT-673573.
5 CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY,
DIOCESE OF THAMARASSERY, THAMARASSERY P.O.,
KOZHIKODE DISTRICT-673573.
BY ADV.SRI.P.M.MANOJ - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13575 OF 2013
-2-
JUDGMENT
The petitioners have approached this Court
impugning Exts.P1, P4 and P5 proceedings of the
respondents, to the extent to which it has denied
approval to their appointments and service
benefits with effect from 01.06.2010, being the
date on which they were initially appointed.
2. However, when this matter was called
today, the learned Senior Government Pleader -
Sri.P.M.Manoj, submitted that, pending this lis,
through a letter of the Government bearing
No.84298/E1/2013/G.Edn dated 23.03.2014, the
jurisdictional District Educational Officer (DEO)
was directed to grant approval to the appointments
of the petitioners with effect from 01.06.2010.
He, therefore, submitted that nothing survives in
this writ petition.
3. If, as stated by the learned Senior WP(C) NO. 13575 OF 2013
Government Pleader, Government has already
directed the DEO as afore, then certainly, it does
not require any further orders from this Court.
In the afore circumstances, I order this writ
petition, recording the afore submissions of the
learned Senior Government Pleader and leaving
liberty to the petitioners to seek a rehearing, if
they have not yet obtained approval to their
appointments with effect from 01.06.2010.
Sd/-
DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 13575 OF 2013
APPENDIX OF WP(C) 13575/2013
PETITIONERS' EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF THE ORDER THE 4TH RESPONDENT DATED 02-02-2011.
EXHIBIT P2 PHOTOCOPY OF THE ORDER OF THE 2ND RESPONDENT DATED 01-02-2012.
EXHIBIT P3 PHOTOCOPY OF THE ORDER OF THE 4TH RESPONDENT DATED 25-02-2012
EXHIBIT P4 PHOTOCOPY OF THE ORDER OF THE DISTRICT EDUCATIONAL OFFICER, THAMARASSERY DATED 04- 01-2011.
EXHIBIT P5 PHOTOCOPY OF THE ORDER OF THE 3RD RESPONDENT DATED 27-7-2011.
EXHIBIT P6 PHOTOCOPY OF THE ORDER OF THE 2ND RESPONDENT DATED 9-11-2011.
EXHIBIT P7 TRUE COPY OF THE GOVERNMENT ORDER G.O.(P)NO.
178/2002/G.EDN DATED 28-6-2002.
EXHIBIT P8 PHOTOCOPY OF THE LETTER DATED 11-11-2010 SENT BY THE 5H RESPONDENT TO THE 3RD RESPONDENT.
EXHIBIT P9 PHOTOCOPY OF THE JUDGMENT IN WPC NO.
18986/2009(P) DATED 9-7-2010 IN P.V.GIREESH VS. STATE OF KERALA AND OTHERS.
EXHIBIT P10 PHOTOCOPY OF THE JUDGMENT IN WPC NO.
15072/2011 (K) DATED 4-4-2012.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY// P.A. TO JUDGE
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