Kerala High Court
Harisankar. P vs State Of Kerala on 22 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943
WP(C).No.24622 OF 2020(C)
PETITIONER:
HARISANKAR. P
AGED 25 YEARS, PIRAYAPPALLIL HOUSE,
KIDANGOOR P.O., KOTTAYAM-686 572,
FULL TIME MENIAL, DBHSS, THAKAZHY,
ALAPPUZHA DISTRICT
BY ADVS.
SRI.MANU.S, SCGC, ADMINISTRATION OF THE UNION
TERRITORY OF LAKSHADWEEP
KUM.VINILA CHANDRABOSE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, (GENERAL EDUCATION)
DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 DIRECTOR OF GENERAL EDUCATION (FORMERLY DPI)
OFFICE OF THE DGE, JAGATHY,
THIRUVANANTHAPRUAM-695 014
3 DEPUTY DIRECTOR OF EDUCATION,
ALAPPUZHA, OFFICE OF THE DEPUTY DIRECTOR,
ALAPPUZHA-688 001
4 DISTRICT EDUCATION OFFICER,
KUTTANAD, DEO OFFICE, RAMANKARY P.O.,-689 595
5 THE SECRETARY,
TRAVANCORE DEVASWOM BOARD, NANTHANCODE,
THIRUVANANTHAPRUAM-695 003
6 THE HEAD MASTER,DBHSS,
THAKAZHY, ALPPUZHA DISTRCT-688 562
SRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD
SRI.T RAJASEKHARAN NAIR SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.24622 OF 2020
2
JUDGMENT
Dated this the 22nd day of March 2021
This writ petition is filed seeking the following reliefs :-
"i) To call for the records leading to Exhibits P4 to P7 and to
set aside those orders by issuing a writ of certiorari or any
other appropriate writ order or direction.
ii) To declare that the respondents 1 to 4 are liable to
approve the appointment of the petitioner as per Exhibit P1.
iii) To issue a writ of mandamus or any other appropriate
writ order or direction directing the respondents 1 to 4 to
issue orders approving the appointment of the petitioner by
Exhibit P1 order.
iv) To issue a writ of mandamus or any other appropriate
writ order or direction directing the respondents 1 to 4 to
disburse salary and other benefits to the petitioner w.e.f the
date of his joining in service."
2. Heard the learned counsel for the petitioner, the learned
Government Pleader and the learned standing counsel appearing for
the Board.
3. It is submitted by the learned counsel for the petitioner that the
petitioner was appointed as Full Time Menial on 16.11.2017 in the
DBHSS, Thakazhy. It is submitted that the appointment was not
approved on the ground that the appointment of Sri.Adarsh as LPSA
with effect from 03.06.2013 in another school had not been approved.
WP(C).No.24622 OF 2020
It is submitted that approval has now been granted to the above
appointment. The further reason stated was that one Smt.Archana
Devaki had been appointed as Full Time Menial in the DBHSS,
Thakazhy, but the said appointee had abandoned the said
appointment. It is submitted that the communications issued by the
Manager to the said appointee and her reply stating that she was not
desirous of continuing the appointment would make it clear that
Smt.Archana Devaki has absolutely no claim to the post. It is
submitted that without considering any of these aspects, the approval
to the petitioner's appointment now stands rejected.
4. The learned Government Pleader submits that the question with
regard to abandonment of employment by Smt.Archana Devaki is to
be considered before orders are passed approving the petitioner's
appointment.
5. The learned counsel for the petitioner submits that the
appointment of Smt.Archana Devaki as Full Time Menial was never
approved and therefore there is no question of the Manager obtaining
approval for the termination of her engagement. It is submitted that
in view of the fact that the issue relates to appointment as Full Time
WP(C).No.24622 OF 2020
Menial and since there appears to be another claimant to the post, the
issue requires a reconsideration in accordance with law. The learned
counsel for the petitioner submits that the documents produced
would show that Smt.Archana Devaki is not pursuing her claim for
appointment to the post of Full Time Menial.
6. I am of the opinion that it is an issue for the educational
authorities to consider, taking note of the factual situation and with
notice to the parties concerned. There will, accordingly, be a direction
that in case the petitioner approaches the 3 rd respondent, the Deputy
Director of Education, with a representation as against Ext.P8, the
same shall be considered with notice to the petitioner, the Manager as
well as Smt.Archana Devaki and an appropriate decision shall be taken
thereon within a period of one month from the date of receipt of a
copy of this judgment. To facilitate such consideration, Exts.P6 and P7
orders are set aside.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
NP
WP(C).No.24622 OF 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED
16.11.2017
EXHIBIT P2 TRUE COPY OF THE ORDER 3.5.2017 OF THE 5TH
RESPONDENT TERMINATING THE SERVICE OF
SMT.ARCHANA DEVAKI
EXHIBIT P3 TRUE COPY OF THE RTI REPLY ISSUED TO THE
PETITIONER REGARDING APPROVAL OF
APPOINTMENT OF SHRI.ADARSH
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 10.10.2018 OF
THE 4TH RESPONDENT REFUSING TO GRANT
APPROVAL FOR THE APPOINTMENT OF THE
PETITIONER
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 5.1.2019 OF
THE 3RD RESPONDENT REJECTING THE APPEAL
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 31.5.2019 OF
THE ADDITIONAL DPI(GENERAL) REJECTING THE
REVISION PETITION
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 1.10.2019 OF
THE SECRETARY (GENERAL EDUCATION) REJECTING
THE PETITION FILED BY THE MANAGEMENT
EXHIBIT P8 TRUE COPY OF THE LETTER DATED 14.11.2019 OF
THE 4TH RESPONDENT, REFUSING TO CONSIDER
THE RESUBMITTED PROPOSAL FOR APPROVAL OF
APPOINTMENT OF THE PETITIONER
EXHIBIT P9 TRUE COPY OF THE NOTICE DATED 7.1.2017
ISSUED BY THE 5TH RESPONDENT TO SMT.
ARCHANA DEVAKI.
EXHIBIT P10 TRUE COPY OF THE LETTER DATED 23.1.2017
FROM SMT. ARCHANA DEVAKI.
EXHIBIT P11 TRUE COPY OF THE NOTICE DATED 3.3.2017
ISSUED BY THE 5TH RESPONDENT TO SMT.
ARCHANC DEVAKI.
RESPONDENT'S/S EXHIBITS: NIL
