Syamlal vs The State Of Kerala
2022 Latest Caselaw 12056 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                    WP(C) NO. 41993 OF 2022

PETITIONER/S:

    1       SYAMLAL SYAM NIVAS,
            AGED 54 YEARS
            S/O SUKUMARAN K., HSST JUNIOR ENGLISH,
            SVAHSS NADUVATHUR RESIDING AT SYAMNIVAS HOUSE,
            MUCHUKUNNU P.O., KOYILANDY VIA, KOZHIKODE 673307.

    2       RAJILA V.K.,
            W/O SUDHEESH, AGED 41 YEARS,
            HSST JUNIOR SANSKRIT, SVAHSS NADUVATHUR,
            RESIDING AT MANNATH HOUSE, PANTHALAYANI,
            KOYILANDY, KOZHIKODE 673305.

    3       SRUTHY R.B.,
            D/O BALAN C.M., AGED 35 YEARS,
            HSST ENGLISH, SVAHSS NADUVATHUR,
            RESIDING AT CHAITHANYA HOUSE, KADIYANGAD P.O.,
            PERAMBRA, KOZHIKODE 673525.

    4       BIJILA C.K.,
            D/O KUMARAN, AGED 42 YEARS, HSST JUNIOR COMMERCE,
            SVAHSS NADUVATHUR, RESIDING AT CHEMBRAKUNIYIL (H),
            ORKKATTERI P.O., VADAKARA VIA, KOZHIKODE PIN 673501

    5       SHILPA C,
            D/O RAVINDRAN NAIR C, AGED 44 YEARS,
            HSST COMPUTER APPLICATION, SVAHSS NADUVATHUR,
            RESIDING AT CHATHOTH, MUDADI,
            KOYILANDY, KOZHIKODE- 673307.

    6       SANTHI N.P.,
            D/O N.P. VENUGLPALAN NAIR, AGED 38 YEARS,
            HSST COMMERCE, SVAHSS NADUVATHUR,
            RESIDING AT MANTHARI HOUSE, MOODADI P.O.,
            KOYLLANDY, KOZHIKODE- 673307.
 WP(C) NO. 41993 OF 2022              2



    7     SOLOMAN BABY,
          S/O BABY JOSEPH, AGED 39 YEARS,
          HSST JUNIOR ECONOMICS, SVAHSS NADUVATHUR,
          RESIDING AT VARAKIPARAMBIL HOUSE,
          BALAL P.O., PARAPPA VIA, KASARGOD- 671533.

    8     REKHA N.,
          W/O SUNI KUMAR V.N.K., AGED 44 YEARS,
          HSST JUNIOR MALAYALAM, SVAHSS NADUVATHUR,
          RESIDING AT VANNARATH HOUSE, PURAMERI P.O.,
          VADAKARA, KOZHIKODE- 673503.

    9     SMITHA P.,
          W/O PRAMOD K., AGED 45 YEARS,
          LAB ASSISTANT, SVAHSS NADUVATHUR,
          RESIDING AT CEEPTHI HOUSE, KOTTUR P.O.,
          NADUVANNUR, KOZHIKODE- 673614.

    10    SHAJI I.,
          S/O, LAB ASSISTANT, AGED 46 YEARS,
          SVAHSS NADUVATHUR, RESIDING AT EYYALOL HOUSE,
          KEEZHARIYUR P.O., KOYILANDY,
          KOZHIKODE DISTRICT- 673307 .

          BY ADVS.
          ABRAHAM MATHEW (VETTOOR)
          ANIL ABEY JOSE
          VISHNUJA P.M.


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          DEPARTMENT OF HIGHER SECONDARY EDUCATION,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

    2     DIRECTOR GENERAL OF EDUCATION, (HIGHER SECONDARY)
          HOUSING BOARD BUILDINGS, THAMPANOOR-PANAVILA RD,
          SANTHI NAGAR, THYCAUD, THIRUVANANTHAPURAM,
          KERALA 695001.
 WP(C) NO. 41993 OF 2022             3



    3     JOINT DIRECTOR, (ACADEMIC)
          DIRECTORATE OF HIGHER SECONDARY EDUCATION,
          HOUSING BOARD BUILDINGS, THAMPANOOR-PANAVILA RD,
          SANTHI NAGAR, THYCAUD, THIRUVANANTHAPURAM,
          KERALA 695001.

    4     REGIONAL DEPUTY DIRECTOR,
          HIGHER SECONDARY EDUCATION, KOZHIKODE- 673001

    5     DISTRICT EDUCATIONAL OFFICER,
          VADAKARA, KOZHIKODE - 673 101.

    6     PRINCIPAL-IN-CHARGE
          SVA HIGHER SECONDARY SCHOOL, NADUVATHUR, KOYILANDY,
          KOZHIKODE DISTRICT, PIN - 673305.



          SMT. NISHA BOSE, SR. GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 41993 OF 2022                      4




                                 JUDGMENT

Petitioners 1 to 8 are working as Higher Secondary School Teachers

(HSSTs) in various subjects, and petitioners 9 and 10 are working as Lab

Assistants at the Sri. Vasudeva Ashram Higher Secondary School,

Naduvathur. They have approached this Court seeking issuance of directions

to the 2nd respondent to consider and take a decision on Ext.P5

representation submitted by them seeking declaration of their probation.

2. I have heard Sri. Abraham Mathew, the learned counsel appearing

for the petitioners, and Smt. Nisha Bose, the learned senior Government

Pleader.

3. In view of the limited nature of the relief sought, no prejudice

would be caused to the 6th respondent if notice is dispensed with.

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 at

the admission stage itself by issuing the following directions:

a) There will be a direction to the 2nd respondent to

take up, consider and pass appropriate orders on

Ext.P5, after affording an opportunity of being heard,

either physically or virtually, to the petitioners herein

or their authorized representatives and the 6th

respondent.

b) Orders, as directed above, shall be passed

expeditiously, in any event, within three months from

the date of production of a copy of this judgment.

c) It would be open to the petitioners to produce a

copy of the writ petition along with the judgment

before the concerned respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE

NS

APPENDIX OF WP(C) 41993/2022

PETITIONER(S) EXHIBITS :

Exhibit P1 A TRUE COPY OF THE G.O.(ORD) NO. 3392/2022G EDN ISSUED BY THE PRINCIPAL SECRETARY TO GENERAL EDUCATION (N) DEPARTMENT DATED 04-06-2022.

Exhibit P2 A TRUE COPY OF THE LETTER DATED 27-07-2018 ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT.

Exhibit P3 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT DATED 05-02-2022 .

Exhibit P4 A TRUE COPY OF THE LETTER SUBMITTED BY THE 6TH RESPONDENT TO THE 4TH RESPONDENT ON 01-12-2021.

Exhibit P5 TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONERS TO THE 2ND RESPONDENT DATED 15-10-2022.

RESPONDENT(S) EXHIBITS : NIL