Lijo George C vs State Of Kerala
2021 Latest Caselaw 20503 Ker

WP(C) NO. 20783 OF 2021         1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
        FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                       WP(C) NO. 20783 OF 2021
PETITIONER/S:

            LIJO GEORGE C
            AGED 35 YEARS
            S/O. C.R. GEORGE, LOWER PRIMARY SCHOOL ASSISTANT,
            HIGH SCHOOL THIRUVALAYANNUR, KALLUR VADAKKEKAD,
            THRISSUR DISTRICT, PIN - 679562. RESIDING AT
            CHITTILAPPILLY HOUSE, PERAMANGALAM P.O, THRISSUR
            DISTRICT, PIN - 680545.

            BY ADVS.
            C.D.DILEEP
            SHYLAJA VARGHESE


RESPONDENT/S:

    1       THE STATE OF KERALA
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
            GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX -II,
            THIRUVANANTHAPURAM, PIN - 695001.
    2       THE DIRECTOR OF GENERAL EDUCATION
            JAGATHY, THYCAUD P.O, THIRUVANANTHAPURAM, PIN -
            695014.
    3       THE DISTRICT EDUCATIONAL OFFICER,
            CHAVAKKAD, THRISSUR DISTRICT, PIN - 680506.
    4       THE MANAGER,
            HIGH SCHOOL THIRUVALAYANNUR, KALLUR VADAKKEKAD,
            THRISSUR DISTRICT, PIN - 679562.
            SRI BIJOY CHANDRAN, SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20783 OF 2021                2

                                    JUDGMENT

The petitioner states that he is presently working as Lower Primary School

Assistant in High School, Thiruvalayannur, an aided school under the

Management of the 4th respondent. According to the petitioner, he was

appointed in the post of LPSA from 4.6.2007 onwards in an additional vacancy.

The proposal for the appointment was rejected by the Educational Authorities.

The petitioner contends that on a revision petition filed by him, directions were

issued to the 2nd respondent to consider including the petitioner in the teacher's

package. The grievance of the petitioner is that the 2nd respondent failed to

include the name of the petitioner in the teacher's bank for enabling the

petitioner to obtain notional service benefits. In the afore circumstances, the

petitioner is stated to have preferred Ext.P7 representation before the 2nd

respondent.

2. Sri.C.D.Dileep, the learned counsel appearing for the petitioner,

submitted that the limited request of the petitioner is for issuance of directions to

the 2nd respondent to consider and pass appropriate orders on Exhibit-P7

representation within a time frame.

3. I have heard Sri.Bijoy Chandran, the learned Senior Government

Pleader, who submitted that he has no objection in considering the said prayer.

4. After having carefully evaluated the contentions raised in this writ

petition, the submissions made across the Bar and the facts and circumstances, I

am of the view that this writ petition can be disposed of by issuing the following

directions:

a) There will be a direction to the 2nd respondent to take up, consider

and pass appropriate orders on Exhibit-P7 representation, as per

procedure and in strict adherence to the provisions of law, after

affording an opportunity of being heard, either physically or

virtually, to the petitioner herein or his authorised representative.

b) Orders shall be passed expeditiously, in any event, within a period

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

judgment.

c) It would be open to the petitioner to produce a copy of the writ

petition along with the judgment before the concerned

respondent for further action.

The writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE sru

APPENDIX OF WP(C) 20783/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE APPOINTMENT ORDER DATED 14.06.2007.

Exhibit P2 A TRUE COPY OF THE GOVERNMENT ORDER GO(RT) NO. 1494/2012 G.EDN DATED 27.03.2012 DIRECTING THE 2ND RESPONDENT TO CONSIDER THE PETITIONER IN THE TEACHERS PACKAGE.

Exhibit P3 A TRUE COPY OF THE JUDGMENT DATED 01.03.2019 IN WP(C) NO.15116/2012 OF THIS HON'BLE COURT.

Exhibit P4 A TRUE COPY OF THE GOVERNMENT ORDER GO(RT) NO. 1115/2020 G.EDN DATED 04.03.2020 ORDERING APPROVAL OF THE PETITIONER FROM 04.06.2007 TO 14.07.2008.

Exhibit P5 A TRUE COPY OF THE APPROVAL ORDER B5/21599/2021 DATED 01.07.2021 OF THE DEO APPROVING THE PETITIONER FROM 2018 ONWARDS.

Exhibit P6 A TRUE COPY OF THE GO(P) NO. 199/2011/G.EDN DATED 01.10.2011.

Exhibit P7 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 15.09.2021.

RESPONDENTS EXHIBITS:NIL