Harikumar N.K vs State Of Kerala
2022 Latest Caselaw 8904 Ker

WP(C) NO. 22080 OF 2022          1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                    WP(C) NO. 22080 OF 2022
PETITIONERS:

    1     HARIKUMAR N.K,
          AGED 49 YEARS
          S/O. KARUNAKARAN ACHARI,
          DRAWING TEACHER,
          S.V.V.H.S.S., THAMARAKUDY,
          KOTTARAKKARA, KOLLAM DISTRICT,
          RESIDING AT NIRMALA BHAVAN, THAMARAKUDY,
          KOTTARAKKARA, KOLLAM DISTRICT, PIN-691 001.

    2     MOHAN LAL B.,
          AGED 57 YRS., S/O. BALAKRISHNA PILLAI, MUSIC
          TEACHER (RETIRED ON 31-05-2021), R.V.V.H.S.S.,
          VALAKAM, KOTTARAKKARA, KOLLAM DISTRICT,
          RESIDING AT POORNASREE, KUDAVATTOOR P.O.,
          ODANAVATTAM, KOTTARAKKARA,
          KOLLAM DISTRICT, PIN - 691 512.

    3     P. KOMALA,
          AGED 54 YRS., W/O. KAMALASANAN P.R., SEWING
          TEACHER, L.P.G.S., VELIYAM, KOTTARAKKARA, KOLLAM
          DISTRICT, PIN - 691 540, RESIDING AT KAVYALAYAM,
          PUNNAKKOD, POOYAPALLY P.O., KOLLAM DISTRICT, PIN -
          691 537.

    4     VIJAYA LAKSHMI G.,
          AGED 58 YRS., W/O. MADHUSUDHANAN PILLAI, SEWING
          TEACHER (RETIRED ON 31-05-2019), KUDAVATTOOR
          L.P.S., KUDAVATTOOR P.O., KOLLAM DISTRICT, PIN -
          691 512, RESIDING AT HARISREE BHAVAN, MUTTARKAVU,
          NEDUMPANA P.O., KOLLAM DISTRICT, PIN- 691 576

    5     PODIYAMMA C.,
          AGED 61 YRS., W/O. M.V. SUNIL, SEWING TEACHER
          (RETIRED ON 31-05-2016), S.C.D. U.P. SCHOOL,
          KOTTANKARA, MEKKON, CHANDANATHOPPU P.O.,
          KOTTARAKKARA, KOLLAM DISTRICT, PIN - 691 014,
          RESIDING AT MAVILAZHIKOM ASWATHI BHAVAN, ALUMMOODU
          P.O., KOLLAM DISTRICT, PIN - 691 577.
 WP(C) NO. 22080 OF 2022               2



     6       JAYAN M.,
             AGED 54 YRS., S/O. KUTTIKRISHNAN NAIR, CRAFT
             TEACHER, PUNATH, NELLISSERY AIDED UPPER PRIMARY
             SCHOOL, PUNATH P.O., NADUVANNUR VIA., KOZHIKODE
             DISTRICT, PIN - 673 614, RESIDING AT JAYA NIVAS,
             PUNATH P.O., KOZHIKODE DISTRICT, PIN-673 614.

             BY ADV PAULSON THOMAS


RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
             EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695 001.

     2       THE DIRECTOR OF GENERAL EDUCATION,
             GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA,
             JAGATHY, THIRUVANANTHAPURAM, PIN - 695 005.

     3       DEO, KOTTARAKKARA,
             OFFICE OF THE DEO, KOTTARAKKARA, KOLLAM DISTRICT,
             PIN - 691 506.

     4       ASSISTANT EDUCATIONAL OFFICER,
             VELIYAM, OFFICE OF THE AEO, VELIYAM P.O., KOLLAM
             DISTRICT, PIN - 691 540.

     5       ASSISTANT EDUCATIONAL OFFICER,
             KUNDARA, OFFICE OF THE AEO, KUNDARA, KOLLAM
             DISTRICT, PIN 691 501.

     6       ASSISTANT EDUCATIONAL OFFICER,
             PERAMBRA, OFFICE OF THE AEO, PERAMBRA, KOZHIKODE
             DISTRICT, PIN - 673 525.



             SMT NISHA BOSE, SR GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   07.07.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 22080 OF 2022                   3




                                  JUDGMENT

The petitioners are before this Court complaining that their service

prior to inclusion in the teachers' package has not been regularised.

According to them, the said period has to be reckoned for all service benefits

notionally including pension. They contend that by raising all their grievances,

they have preferred Ext.P7 representation before the Government which is

stated to be pending. It is in the afore circumstances that the petitioners

have approached this Court seeking direction to the 1st respondent to

consider Ext.P7 and take a decision expeditiously.

2. Heard Sri.Paulson Thomas, the learned counsel appearing for the

petitioners and Smt.Nisha Bose, the learned Senior Government Pleader.

3. 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 1st respondent to take up, consider

and pass appropriate orders on Ext.P7, after affording an

opportunity of being heard, either physically or virtually, to the

petitioners herein or their authorised representative.

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 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 IAP

APPENDIX OF WP(C) 22080/2022

PETITIONERS' EXHIBITS:

Exhibit P1 TRUE COPY OF G.O.(P)NO. 199/2011/G.EDN. DATED 01-10-2011.

Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 01-06-1998.

Exhibit P3 TRUE COPY OF G.O.(P)NO. 116/2012/G.EDN. DATED 12-04-2012 ALONG WITH THE RELEVANT PART OF ANNEXURE.

Exhibit P4 TRUE COPY OF THE APPROVED APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 03-06-1999.

Exhibit P5 TRUE COPY OF G.O.(RT.) NO. 3495/2019/ G.EDN.

DATED 02-09-2019.

Exhibit P6 TRUE COPY OF THE COMMUNICATION SEEKING REPORT FROM THE DPI, DATED 01-02-2021 WITH NO. GEDN R3/60/2021/GEDN.

Exhibit P7 TRUE COPY OF THE REPRESENTATION OF THE PETITIONERS DATED 10-05-2022 SUBMITTED BEFORE THE 1ST RESPONDENT.

RESPONDENTS' EXHIBITS:

NIL