Nikhil K.K vs State Of Kerala
2021 Latest Caselaw 12582 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

        THURSDAY, THE 27TH DAY OF MAY 2021 / 6TH JYAISHTA, 1943

                        WP(C) NO. 9278 OF 2021

PETITIONERS:

    1       NIKHIL K.K.
            AGED 30 YEARS
            S/O. K.V. KRISHNAN, F.T. MENIAL, K.V.R. HIGH SCHOOL,.
            SHORNUR-679121, RESIDING AT KALLIVALAPPIL HOUSE, CHUDU-
            VALATHUR, SHORNUR P.O., PALAKKAD-679121.

    2       RANJITH K.R.
            AGED 25 YEARS
            S/O. RADHAKRISHNAN V.P., F.T. MENIAL, K.V.R. HIGH
            SCHOOL,. SHORNUR-679121, RESIDING AT KIZHAKKEKKARA
            HOUSE, KARAKKAD, KAVALAPPARA, SHORNUR-679523.
            BY ADV U.BALAGANGADHARAN

RESPONDENTS:

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

    2       THE DIRECTOR OF GENERAL EDUCATION,
            JAGATHY, THIRUVANANTHAPUARAM-695001.

    3       THE DEPUTY DIRECTOR OF EDUCATION, (DDE),
            CIVIL STATION, PALAKKAD-678001.

    4       THE DISCTRICT EDUCATIONAL OFFICER, (DEO),
            CIVIL STATION, PALAKKAD-678001.

    5       THE MANAGER,
            K.V.R. HIGH SCHOOL, SHORNUR, PALAKKAD -679121.

OTHER PRESENT:

            SR GP BIJOY CHANDRAN

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9378 OF 2021

                                    2



                            JUDGMENT

Dated this the 27th day of May, 2021

This writ petition is filed challenging Exts.P3, P4, P6 and P7

orders and seeking a direction to the 4th respondent to approve the

appointment of the petitioners as full time menials from the date of

their initial appointments. As against the orders passed by the

Educational Authorities, the petitioners have moved the Director

General Education with Ext.P10 and Ext.P11 revision petitions.

2. Having heard the learned Government pleader also and in

view of the fact that the revision petitions have been preferred and

are pending before the 2nd respondent, I am of the opinion that it is

for the 2nd respondent to take an appropriate decision in the matter

after hearing the petitioners as well.

3. There will, accordingly, be a direction to the 2nd respondent

to take up, consider and pass orders on Exts.P10 and P11 revision

petitions preferred by the petitioners with notice to the petitioners as

well as the 5th respondent and after hearing them through any

appropriate means including video conferencing and taking note of WP(C).No.9378 OF 2021

their contentions as well. Appropriate steps shall be taken within a

period of two months from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

Bng/27.05.2021 WP(C).No.9378 OF 2021

APPENDIX OF WP(C) 9278/2021 PETITIONER'S EXHIBITS

EXHIBIT P1 A TRUE COPY OF APPOINTMENT ORDER OF THE FIRST PETITIONER ISSUED BY THE 5TH RESPONDENT DATED 01/06/2018.

EXHIBIT P2 A TRUE COPY OF APPOINTMENT ORDER DATED 01/04/2019 ISSUED TO THE SECOND PETITIONER BY THE 5TH RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 28/03/2019 IS-

SUED BY THE 4TH RESPONDENT IN RESPECT OF FIRST PETITIONER.

EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 09/01/2020 IS-

SUED BY THE 4TH RESPONDENT IN RESPECT OF 2ND PETITIONER.

EXHIBIT P5 A TRUE COPY OF LETTER OF THE SECOND RESPOND-

ENT DATED 27/07/2019 TO AEO, PARAPPANANGADI.

EXHIBIT P6 A TRUE COPY OF ORDER OF THE 3RD RESPONDENT DATED 20/07/2019 IN RESPECT OF FIRST PETI- TIONER.

EXHIBIT P7 A TRUE COPY OF ORDER DATED 23/03/2020 ISSUED BY THE THIRD RESPONDENT IN RESPECT OF SECOND PETITIONER ALONG WITH TYPED COPY.

EXHIBIT P8 A TRUE COPY OF THE LETTER OF THE 5TH RESPOND-

ENT DATED 22/05/2020 ISSUED TO ONE SRI. SATHEESH.

EXHIBIT P9 A TRUE COPY OF INTERIM ORDER OF STAY GRANTED BY THIS HON'BLE COURT DATED 09/06/2020 IN WPC 11302/2020.

EXHIBIT P10 A TRUE COPY OF REVISION PETITION SUBMITTED BY THE FIRST PETITIONER DATED 31/03/2021 BEFORE THE SECOND RESPONDENT.

EXHIBIT P11 A TRUE COPY OF REVISION PETITION SUBMITTED BY THE SECOND PETITIONER DATED 31/03/2021