Kerala High Court
Varghese A. Joseph vs State Of Kerala on 21 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA,
1944
WP(C) NO. 41650 OF 2022
PETITIONER:
VARGHESE A. JOSEPH
AGED 52 YEARS
S/O A.K JOSEPH, HST,
ASRAM HIGHER SECONDARY SCHOOL,
PERUMBAVOOR,
ERNAKULAM - 683 542,
RESIDING AT ALACKAL HOUSE,
THRICKALATHOOR P.O,
ERNAKULAM - 683 541.
BY ADV S.ANEESH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 DIRECTOR OF GENERAL EDUCATION,
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHI, THIRUVANANTHAPURAM - 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
THIRUVALLA, PATHANAMTHITTA - 689 101.
4 THE DISTRICT EDUCATION OFFICER,
PATHANAMTHITTA P.O,
PATHANAMTHITTA-689 645.
5 THE MANAGER,
THE MAR THOMA & E.A SCHOOLS CORPORATE MANAGEMENT,
SCS CAMPUS, THIRUVALLA, PATHANAMTHITTA-689 101.
2
W.P.(C.) No. 41650 of 2022
SMT.NISHA BOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
3
W.P.(C.) No. 41650 of 2022
P.V.KUNHIKRISHNAN, J.
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W.P(C) No.41650 of 2022
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Dated this the 21st day of December, 2022
JUDGMENT
The above writ petition is filed with following prayers:
(I) "Call for the records relating to Ext.P5 and set aside
the original of the same by the issue of a writ of certiorari or
appropriate writ or order.
(ii) Issue a writ of mandamus or other appropriate writ,
order or direction commanding the 5 th respondent to promote
the petitioner as Headmaster of the School from 01.06.2020
and forthwith.
(iii) Issue a writ of mandamus or other appropriate writ
order or direction commanding the 1 st respondent to consider
and pass appropriate orders upon Ext.P6 after affording an
opportunity of being heard to the petitioner within a time limit,
duly taking note of Exts.P7 to P9.
(iv) To dispense with filing of English translation of
vernacular documents produced along with the writ petition.
(v) Pass such other order or direction which this Hon'ble
Court may deem fit and proper to grant in the circumstances of
the case.
2. The petitioner was promoted and appointed as
Headmaster in Gurukulam High School, Edakulam on 01.06.2021.
W.P.(C.) No. 41650 of 2022
The approval for promotion of the petitioner was denied by the 4 th
respondent. A statutory appeal was filed by the 5 th respondent
against Ext.P2 order as evident by Ext.P3. A statutory appeal was
filed by the petitioner also against Ext.P2 order. The appeal
submitted by the Manager was rejected as per Ext.P4 order. No
order was passed in Ext.P3. The petitioner submitted an appeal
against Ext.P4 order before the 2nd respondent as evident by Ext.P5.
In the meanwhile, Ext.P6 order of reversion was passed. The same
was subsequently cancelled as per Ext.P8 in the light of Ext.P7
judgment. Now Ext.P5 appeal is rejected as per Ext.P9 order.
Consequently the petitioner was reverted to the post of HST as per
Ext.P8 order. Hence the petitioner filed Ext.P11 before the 1 st
respondent, the same is pending. The grievance of the petitioner is
that the same is not considered.
3. I have heard the counsel for the petitioner and the
Government Pleader who appeared for respondents 1 to 4. No notice
is issued to the 5th respondent at this stage. If the 5 th respondent is
aggrieved by the directions in this judgment, the 5 th respondent is
W.P.(C.) No. 41650 of 2022
free to file a review petition.
4. After hearing both side, I am of the opinion that there can
be a direction to the 1 st respondent to consider Ext.P11 and pass
appropriate orders after giving an opportunity to hearing to the
petitioner and the 5th respondent.
Therefore, this writ petition is disposed of with the following
directions.
i) There will be a direction to the 1 st respondent to
consider Ext.P11 appeal as expeditiously as possible, at
any rate, within a period of four months from the date of
receipt of a copy of this judgment.
ii) Before passing orders, the 1st respondent will give
an opportunity of hearing to the petitioner and the 5 th
respondent.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
ams
W.P.(C.) No. 41650 of 2022
APPENDIX OF WP(C) 41650/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF ORDER DATED 01.06.2021
ISSUED BY THE 5TH RESPONDENT.
Exhibit P2 TRUE COPY OF ORDER DATED 03.12.2021
ISSUED BY THE 4TH RESPONDENT.
Exhibit P3 TRUE COPY OF APPEAL DATED 27.02.2022
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT.
Exhibit P4 TRUE COPY OF ORDER DATED 21.03.2022
ISSUED BY THE 3RD RESPONDENT.
Exhibit P5 TRUE COPY OF APPEAL SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
DATED 01.04.2022.
Exhibit P6 TRUE COPY OF ORDER DATED 30.05.2022
ISSUED BY THE 5TH RESPONDENT.
Exhibit P7 TRUE COPY OF JUDGMENT DATED 01.06.2022 IN
W.P(C) NO. 17737 OF 2022.
Exhibit P8 TRUE COPY OF ORDER DATED 21.06.2022
ISSUED BY THE 5TH RESPONDENT.
Exhibit P9 TRUE COPY OF ORDER DATED 23.11.2022
ISSUED BY THE 2ND RESPONDENT.
Exhibit P10 TRUE COPY OF ORDER DATED 25.11.2022
ISSUED BY THE 5TH RESPONDENT.
Exhibit P11 TRUE COPY OF APPEAL DATED 10.12.2022
SUBMITTED BY THE PETITIONER BEFORE THE
1ST RESPONDENT.
