Kerala High Court
Fr.Johny Sebastian vs The State Of Kerala on 1 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WP(C) NO. 21474 OF 2022
PETITIONER/S:
FR.JOHNY SEBASTIAN,
AGED 46 YEARS
SON OF SEBASTIAN,
HIGHER SECONDARY SCHOOL TEACHER IN SOCIOLOGY,
NIRMALA HIGHER SECONDARY SCHOOL,
CHEMPERI, KANNUR DISTRICT-670 632
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENT/S:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM-695 001
2 THE DIRECTOR OF GENERAL EDUCATION,
(HIGHER SECONDARY EDUCATION WING),
HOUSING BOARD BUILDINGS, SANTHI NAGAR,
THIRUVANANTHAPURAM-695 001
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION,
P.O. PAYYAMBALAM, KANNUR DISTRICT-670 003
4 THE CORPORATE MANAGER,
CORPORATE EDUCATIONAL AGENCY,
ARCH DIOCESE OF THALASSERY,
THALASSERY-670 101, KANNUR DISTRICT
5 THE PRINCIPAL,
NIRMALA HIGHER SECONDARY SCHOOL,
CHEMPERI, KANNUR DISTRICT-670 632
WP(C) NO. 21474 OF 2022
2
SRI PREMCHAND R NAIR SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 21474 OF 2022
3
JUDGMENT
The petitioner states that he was appointed as HSST (Sociology) on
06.06.2019. According to the petitioner, though he is qualified for the
post, the approval of the appointment has been rejected by respondents 2
and 3. Being aggrieved by the orders passed by respondents 2 and 3, the
petitioner is stated to have preferred Exhibit P5 revision petition before
the 1st respondent, which is stated to be pending. The prayer in this writ
petition is for issuance of directions to the 1st respondent for expeditious
consideration of the revision petition and incidental reliefs.
2. I have heard Sri. V. Rajasekharan Nair, the learned counsel
appearing for the petitioner and Sri. Premchand R. Nair, the learned
Senior Government Pleader.
3. In the nature of the order that I propose to pass, notice to
respondents 4 and 5 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:
WP(C) NO. 21474 OF 2022
a) There will be a direction to the 1st 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 petitioner herein or his authorised representative and
respondents 4 and 5.
b) Orders, as directed above, shall be passed expeditiously, in
any event, within a period of three months from the date of
production 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.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
avs
WP(C) NO. 21474 OF 2022
APPENDIX OF WP(C) 21474/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL NO.
11829/2018 OF THE HON'BLE SUPREME COURT OF
INDIA DATED 04.12.2018
Exhibit P2 TRUE COPY OF THE PROCEEDINGS NO. 40/19/HSS
DATED 31.05.2019 OF THE CORPORATE MANAGER
Exhibit P3 TRUE COPY OF THE ORDER NO. A5/8072/2019/L.DIS.
DATED 24.01.2021 OF THE 3RD RESPONDENT
Exhibit P4 TRUE COPY OF THE ORDER NO.
ACD.B4/228258/2022/HSE DATED 25.05.2022 OF THE
2ND RESPONDENT
Exhibit P5 TRUE COPY OF THE REVISION PETITION FILED BEFORE
THE GOVERNMENT DATED 22 06 2022 (WITHOUT
EXHIBITS)
