Biju.E.C vs The State Of Kerala
2022 Latest Caselaw 4825 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
 FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
                  WP(C) NO. 14948 OF 2022


PETITIONER/S:

          BIJU.E.C., AGED 44 YEARS
          SON OF CHACKO, CLERK,
          ASSUMPTION HIGH SCHOOL,S.BATHERY P O,
          WAYANAD DISTRICT-673592(RESIDING AT
          ETTAMPARAMBIL.P.O, PUTHENKUNNU, WAYANAD
          DISTRICT-673595),(M.9496344922).

          BY ADVS.
          V.A.MUHAMMED
          V.RAJASEKHARAN NAIR



RESPONDENT/S:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE
          II, THIRUVANANTHAPURAM-695001.

    2     THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM-695014.

    3     THE DEPUTY DIRECTOR OF EDUCATION
          CIVIL STATION, KALPETTA NORTH, WAYANAD DISTRICT-
          673121.

    4     THE DISTRICT EDUCATIONAL OFFICER
          WAYANAD @ KALPETTA-673122.

    5     THE CORPORATE MANAGER,
          CORPORATE MANAGEMENT OF SCHOOLS, DIOCESE OF
          MANANTHAVADY, DWARAKA, MANANTHAVADY, WAYANAD
 WP(C) No.14948/2022

                                   ..2..

               DISTRICT-670645.

    6          THE HEADMASTER,
               ASSUMPTION HIGH SCHOOL, S.BATHERY.P.O,
               WAYANAD DISTRICT-673592.


OTHER PRESENT:

               SMT PARVATHY .K GP




        THIS    WRIT   PETITION     (CIVIL)   HAVING    COME    UP    FOR
ADMISSION       ON   29.04.2022,    THE    COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No.14948/2022

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                              JUDGMENT

The petitioner has approached this Court

seeking a direction to the 1st respondent to

dispose Ext.P9, an appeal petition claiming,

inter alia, to grant higher grades reckoning

his service rendered as Last Grade Employee,

after affording him an opportunity of hearing,

within a time frame.

2. After hearing the learned counsel on either

side and taking into account the pendency of

the appeal petition, there will be a direction

to the 1st respondent to consider and pass

appropriate orders in accordance with law on

Ext.P9 appeal petition within a period of four

months from today after hearing the petitioner

and other affected parties, if any, either

through physical or online mode. The

petitioner will be free to produce any WP(C) No.14948/2022

..4..

material, which he relies on, for

substantiating his contentions. Needless to

say that the 1st respondent will advert to such

contentions, while considering the appeal.

This Writ Petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE bka/30.04.2022 WP(C) No.14948/2022

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APPENDIX OF WP(C) 14948/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PAGE 15 OF THE SERVICE BOOK OF THE PETITIONER

Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK OF THE PETITIONER

Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.10.2001 AND APPROVAL RECORDED THEREON THE DEO, CHANGANACHERRY

Exhibit P4 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 11.12.2006 AND APPROVAL RECORDED THEREON BY THE DEO, CHANGANACHERRY.

Exhibit P5 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 02.05.2007 AND APPROVAL RECORDED THEREON BY THE DEO, CHANGANACHERRY

Exhibit P6 TRUE COPY OF THE RELEVANT PAGE OF G.O.(P) NO.85/2011/FIN.DATED 26.02.2011 OF THE GOVERNMENT (ANNEXURE III)

Exhibit P7 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY OF THE PETITIONER DATED 08.06.2015

Exhibit P8 TRUE COPY OF THE G.O.(RT)NO.5815/2021/GEDN DATED 10.12.2021 OF THE GOVERNMENT

Exhibit P9 TRUE COPY OF THE APPEAL PETITION FILED BEFORE THE GOVERNMENT DATED 30.03.2022

Exhibit P10 TRUE COPY OF THE DECISION REPORTED IN 2012(2) KHC 750 DECIDED ON 04.04.2012.