Manager, Ebenezer Higher ... vs State Of Kerala
2021 Latest Caselaw 12976 Ker

WP(C) NO. 9088 OF 2021
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           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
  WEDNESDAY, THE 16TH DAY OF JUNE 2021 / 26TH JYAISHTA, 1943
                      WP(C) NO. 9088 OF 2021
PETITIONER/S:

    1     MANAGER, EBENEZER HIGHER SECONDARY SCHOOL
          VEETTOOR, NELLAD P.O., ERNAKULAM - 686 669.

    2     SHIJIMOL K.M.
          LABORATORY ASSISTANT, EBENEZER HIGHER SECONDARY
          SCHOOL, VEETTOOR, NELLAD P.O., ERNAKULAM - 686 669.

         BY ADVS.
         K.JAJU BABU (SR.)
         SMT.M.U.VIJAYALAKSHMI
         SRI.BRIJESH MOHAN
         SHRI.ARAVIND T RAMESH
         SHRI.SACHIN RAMESH


RESPONDENT/S:

    1     STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
          GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

    2     THE DIRECTOR, HIGHER SECONDARY EDUCATION, HOUSING
          BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM -
          695 001.

    3     THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY
          EDUCATION, SRVHSS BUILDING, ERNAKULAM - 682 011.


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9088 OF 2021
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                                      JUDGMENT

The Writ Petition has been filed challenging Ext.P4 and

also seeking disposal of the representations filed by the

petitioners before the 1st respondent regarding the non-payment

of salary from 2020 for the reason that the 2nd petitioner

exceeded the age at the time of appointment.

2. When the Writ Petition was taken up today, the learned

counsel for the petitioners submitted that the petitioners

would be satisfied with a direction to the 1 st respondent to

consider and pass orders on the representations filed by them

before the Government.

3. In the light of the limited prayer made by the

petitioners, the Writ Petition is disposed of, directing the

1st respondent to consider and pass orders on the

representations filed by the petitioners which have been

referred to in Ext.P9 letter dated 01.03.2021 and dispose of

the same within a period of six weeks from the date of receipt

of a certified copy of the judgment.

The learned Government Pleader submits that Ext.P7 which

has been submitted before the Minister could not be traced WP(C) NO. 9088 OF 2021

out. The petitioners may file a copy of the same before the 1 st

respondent, if they relied on that also.

Sd/-

T.R.RAVI JUDGE

rkc WP(C) NO. 9088 OF 2021

APPENDIX OF WP(C) 9088/2021

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE RELEVANT EXTRACT OF THE GOVERNMENT ORDER GO(MS) NO.247/2014/G.EDN. DATED 24/11/2014.

EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER (MS) NO.106/2017/G.EDN. DATED 21/08/2017.

EXHIBIT P3            TRUE COPY OF THE ORDER OF THE 3RD
                      RESPONDENT                            VIDE

NO.A3/1192/HS.EDN/RDD/ERNAKULAM/2018 DATED 05/01/2019.

EXHIBIT P4 TRUE COPY OF THE ORDER NO.A3/1192/RDD/HSE/ERNAKULAM/2018 DATED 21/01/2020 OF THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE PETITION DATED 24/09/2020 SUBMITTED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REQUEST VIDE NO.ACDC/170869/2020/HSE DATED 05/01/2021 FORWARDED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE REVISION PETITION FILED BY THE 1ST PETITIONER BEFORE THE MINISTER FOR GENERAL EDUCATION ON 18/01/2021.

EXHIBIT P8 TRUE COPY OF THE REQUEST DATED 01/03/2021 FORWARDED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER.

WP(C) NO. 9088 OF 2021

EXHIBIT P9 TRUE COPY OF THE REPLY VIDE NO.A6-

1300/2021 DATED 01/03/2021 FORWARDED BY THE TAHSILDAR TO THE 1ST PETITIONER.

EXHIBIT R4(a): TRUE COPY OF THE ORDER VIDE NO.A3/1192/HSE/RDD/EKM/2018 DATED 27/01/2020 OF THE 3RD RESPONDENT