Kerala High Court
Remi Jacob.T vs State Of Kerala on 19 April, 2022
W.P.(C).No.14164 of 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 19TH DAY OF APRIL 2022 / 29TH CHAITHRA, 1944
WP(C) NO. 14164 OF 2022
PETITIONER:
REMI JACOB.T,
AGED 43 YEARS
W/O. JOHNSON, RESIDING AT PUNNASSERY, THURAVOOR,
ANGAMALI VAZHI, THURAVOOR, ERNAKULAM 683572
BY ADV S.SUJIN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT
OF GENERAL EDUCATION, SECRETARIAT,
THIRUVANANTHAPURAM- 695 001
2 DEPUTY DIRECTOR OF EDUCATION,
CIVIL STATION, KAKKANAD, ERNAKULAM- 682 030.
3 THE DISTRICT EDUCATIONAL OFFICER
MINI CIVIL STATION, ANNEXE, PERIYAR NAGAR, ALUVA
683101.
4 ASSISTANT EDUCATION OFFICER,
ANGAMALY. 683572
OTHER PRESENT:
ADV.VENUGOPAL.V-GP
W.P.(C).No.14164 of 2022 2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.14164 of 2022 3
VIJU ABRAHAM,J
---------------------------------
W.P.(C).No.14164 of 2022
-------------------------------------
Dated this the 19th day of April, 2022
JUDGMENT
Petitioner is presently working as UPSA in the school of
the 4th respondent. On 1.6.2017, there arose a vacancy of
UPST, when Smt.Merlin, who was working as UPS Teacher
got promoted as HST and the petitioner has appointed in the
said post of UPST in the promotion vacancy of Smt.Merlin.
The approval of the appointment of the petitioner was
however denied by the 4th respondent holding that the
appointment of Smt.Merlin in the promotion post is not yet
approved. It is submitted that, though the appointment of
Smt.Merlin as HST was approved by the DEO w.e.f 1.6.2017
as per Ext.P3 order, the appointment of the petitioner was
approved by Ext.P2 order only w.e.f. 16.2.2021. The case of
the petitioner is that she is entitled for approval of her
appointment from 1.6.2017 onwards. Aggrieved by the same,
the petitioner approached the 1st respondent Government by
filing Ext.P4 revision petition. As there was delay on the part
of the 1st respondent in considering Ext.P4 revision petition,
petitioner approached this Court by filing W.P.(C) No.16730 of
2021 which was disposed of as per Ext.P5 judgment dated
13.8.2021 directing the 1st respondent to consider and pass
orders on Ext.P4 revision petition within a period of 3 months
from the date of receipt of a copy of the judgment. Pursuant
to the said direction, Ext.P4 revision was considered by the
Government as per Ext.P6 order dated 18.12.2021 and the
matter was remitted back to the 4th respondent to reconsider
the claim of the petitioner. The grievance now raised by the
petitioner is that inspite of Ext.P6 order, no action is taken by
the 4th respondent in this regard.
2. After having considered the rival contentions on both
sides, the above Writ Petition is disposed of with a direction to
the 4th respondent to reconsider the claim of the petitioner for
approval of her appointment from 1.6.2017, as directed in
Ext.P6 order of the 1st respondent, after affording an
opportunity of being heard to the petitioner and any other
affected parties, within a period of 3 months from the date of
receipt of a copy of this judgment.
The Writ Petition is disposed of as above.
sd/-
VIJU ABRAHAM,
JUDGE
pm
APPENDIX OF WP(C) 14164/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER ISSUED BY THE 4TH
RESPONDENT ON 24-10-2017
Exhibit P2 TRUE COPY OF THE ORDER DATED 20-04-2021
ISSUED BY THE 4TH RESPONDENT
Exhibit P3 TRUE COPY OF THE ORDER OF APPROVAL OF THE
APPOINTMENT OF MERLIN FROM 1-6-2017
Exhibit P4 TRUE COPY OF THE REVISION FILED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT ON
29-04-2021
Exhibit P5 TRUE COPY OF THE JUDGMENT IN W.P 16730 OF
2021 DATED 13-08-2021
Exhibit P6 TRUE COPY OF THE ORDER DATED 18-12-2021
ISSUED BY THE 1ST RESPONDENT.
