Jaison Varghese vs State Of Kerala
2022 Latest Caselaw 9126 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
    THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944

                WP(C) NO. 24292 OF 2022

PETITIONER/S:

           JAISON VARGHESE
           AGED 41 YEARS
           S/O.JOHNSON C.V.,
           NOW WORKING AS OFFICE ATTENDANT,
           CMS UPS ERUMAPRA, MOONNILAVU P.O.,
           KOTTAYAM DISTRICT, PIN - 686 586,
           RESIDING AT CHEMMAMPLACKAL HOUSE,
           MELUKAVU P.O., KOTTAYAM DISTRICT.

           BY ADV BENOY THOMAS

RESPONDENT/S:

    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      DEPUTY DIRECTOR OF EDUCATION
           KOTTAYAM, PIN - 686 001.

    4      DISTRICT EDUCATIONAL OFFICER
           PALA, PIN - 686 575.

    5      ASSISTANT EDUCATIONAL OFFICER
           ERATTUPETTA, PIN - 686 121.

    6      MANAGER
           CMS SCHOOLS, CSI EAST KERALA DIOCESE,
           MELUKAVUMATTOM, KOTTAYAM, PIN - 686 652.
 WP(C) NO. 24292 OF 2022

                           2



    7      CHARLY SEBASTIAN
           CLERK (RESIGNED), CMS H.S.,
           MELUKAVU, KOTTAYAM DISTRICT,
           RESIDING AT THADATHIPLACKAL HOUSE,
           KONIPAD P.O., KOTTAYAM DISTRICT, PIN - 686 652.


           SMT NISHA BOSE SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP       FOR
ADMISSION ON 27.07.2022, THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 24292 OF 2022

                                    3


                              JUDGMENT

Instant writ petition is filed seeking a direction to the 6th

respondent, to promote the petitioner as Clerk w.e.f. 01.02.2020 at

CMS High School, Melukavu and for incidental reliefs.

2. Sri. Benoy Thomas, the learned counsel appearing for the

petitioner contends that narrating the grievance of the petitioner

herein, Exhibit P9 representation has been filed before the 2nd

respondent. The learned counsel submitted that the limited prayer at

this stage is for issuance of directions to the 2nd respondent to

consider the same and take a decision within a time frame with due

notice.

3. Heard Smt. Nisha Bose, the learned Senior Government

Pleader. In view of the nature of the order that I propose to pass,

notice to the 6th and 7th respondents 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. 24292 OF 2022

a) There will be a direction to the 2nd

respondent to take up, consider and pass appropriate

orders on Ext.P9, after affording an opportunity of being

heard, either physically or virtually, to the petitioner

herein or her authorized representative 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 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. 24292 OF 2022

APPENDIX OF WP(C) 24292/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPROVED APPOINTMENT OF THE PETITIONER AS FULL TIME MENIAL W.E.F. 01/03/2017.

Exhibit P2 TRUE COPY OF THE ORDER REJECTION APPROVAL TO THE PETITIONER AS OFFICE ATTENDANT NO.D/2391/2020 DATED 15/09/2020 ISSUED BY THE AEO.

Exhibit P3 TRUE COPY OF THE APPROVAL OF THE 7TH RESPONDENT AS OFFICE ATTENDANT ISSUED BY THE AEO ERATTUPETTA NO.D/7008/2019 DATED 17/12/2019.

Exhibit P3A TRUE COPY OF THE APPOINTMENT ORDER OF THE 7TH RESPONDENT AS OFFICE ATTENDANT DATED 01/09/2018.

Exhibit P4 TRUE COPY OF THE PROCEEDINGS OF DEO PALA NO.B4/16079/2020 DATED 14/09/2020 REJECTING APPROVAL TO THE 7TH RESPONDENT AS CLERK.

Exhibit P5 TRUE COPY OF THE COMPLAINT OF THE PETITIONER REFERRED TO IN EXHIBIT P4 AND FILED BEFORE MINISTER FOR EDUCATION DATED 23/07/2020.

Exhibit P6 TRUE COPY OF THE JUDGMENT IN WP(C) NO.19708/2021 DATED 22/09/2021.

Exhibit P7 TRUE COPY OF G.O.(RT) NO.5998/2021/GEDN DATED 20/12/2021.

Exhibit P8 TRUE COPY OF THE ORDER OF THE DGE WITH NO.SC1/5118/2020/DGE DATED 11/04/2022.

Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 12/07/2022 BEFORE THE 2ND RESPONDENT DGE Exhibit P10 TRUE COPY OF THE LETTER NO.D/766/2020 DATED 16/02/2021 DENYING LOWER SCALE TO THE PETITIONER.