Jis Cleetus .E vs State Of Kerala
2022 Latest Caselaw 6237 Ker

WP(C) NO. 9431 OF 2022            1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                     WP(C) NO. 9431 OF 2022
PETITIONER/S:

    1     JIS CLEETUS .E
          W/O ARUN MATHEW K, ETTURUTHIL HOUSE,
          PALARIVATTOM P O, KOCHI-682025. WORKING AS H.S.S.T
          (PHYSICS), C. C .P .L .M .A I .H .S.SCHOOL,
          PERUMANOOR P O, THEVARA, PIN-682015.
    2     JEENA THOMAS.
          W/O BAIJUMON JOSEPH, ERRATTUPUZHA HOUSE,
           NEAR KVM HOSPITAL (WEST), CHERTHALA,
          ALAPPUZHA, PIN-682040, WORKING AS H.S.S.T
          (CHEMISTRY),
          C. C .P .L .M .A I .H .S.SCHOOL, PERUMANOOR P O,
          THEVARA, PIN-682015.
    3     TANYA PADUA.
          W/O ANTONY NIXON D'CUNHA, "STAR DALE", KONTHURUTHY,
          THEVARA P O, PIN-682015, WORKING AS H.S.S.T (COMPUTER
          SCIENCE), C. C .P .L .M .A I .H .S.SCHOOL,
          PERUMANOOR P O, THEVARA, PIN-682015.
    4     ANSA MARY
          W/L SAJIN XAVIER, POOTHAMPILLY HOUSE, TOLLGATE ROAD,
          VADUTHALA, KOZHI-682023, WORKING AS H.S.S.T (MATHS),
          C. C .P .L .M .A I .H .S.SCHOOL, PERUMANOOR P O,
          THEVARA, PIN-682015.
    5     SARITHA M S.
          W/O JUSTIN V A, MAVUMGAL HOUSE, KANNAMALY P O,
          KOCHI-682008, WORKING AS H.S.S.T (MALAYALAM) JUNIOR,
          C. C .P .L .M .A I .H .S.SCHOOL, PERUMANOOR P O,
          THEVARA, PIN-682015.

          BY ADV V.VIJULAL


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT,
           GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN-695001.
 WP(C) NO. 9431 OF 2022             2



    2     THE DIRECTOR OF GENERAL EDUCATION,
          OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM, PIN-695014.
    3     THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
          EDUCATION
          OFFICE OF REGIONAL DEPUTY DIRECTOR OF HIGHER
          SECONDARY EDUCATION, S.R.V.SCHOOL BUILDING, M G ROAD,
          ERNAKULAM SOUTH, PIN-682011.
    4     THE DEPUTY DIRECTOR OF EDUCATION
          OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
          ERNAKULAM, KAKKANAD, PIN-682030, OFFICIATING AS
          MANAGER. CENTRAL BOARD OF ANGLO-INDIAN EDUCATION
          (REG.NO.9/1953), PERUMANOOR P O, KOCHI-682015.



          SMT NISHA BOSE, SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9431 OF 2022                         3




                                    JUDGMENT

The petitioners contend that they are working as H.S.S.Ts and H.S.S.T

(Jr.) at the C.C.P.L.M.A.I.H.S.S, Perumanoor. Their appointments have been

duly approved by the 3rd respondent by order dated 15.11.2018. Their

grievance is that their probation has not been declared by the 4th respondent

despite the fact that they have satisfactorily completed the probation. It is in

the afore circumstances that the petitioners have approached this Court seeking

the following reliefs:

i) To issue a writ of mandamus or any other appropriate writ, order

or direction, directing the 4th respondent to issue an order declaring the

petitioners to have satisfactorily completed their probation;

ii) To declare that the petitioners have satisfactorily completed their

probation in terms of Chapter XXXII Rule 7 of K.E.R

2. The petitioners contend that the 4th respondent is now officiating as

the manager of the school. Referring to Ext.P11, it is submitted that the 2nd

respondent has issued a communication to the 4th respondent that there is no

impediment in declaring the probation of teachers of the Higher Secondary

Section. According to the petitioners, despite the issuance of specific directions

by the 2nd respondent, no action has been taken.

3. The learned Government Pleader, on instructions, submitted that

further clarifications were sought by the 4th respondent from the 1st

respondent and the same has been furnished. It is submitted that she has

instructions to submit that the 2nd respondent has clarified that he can act in

terms of Ext.P11.

In view of the submissions advanced, there will be a direction to the 4th

respondent to act in terms of Ext.P11 and declare the probation of the

petitioners expeditiously, in any event, within a period of one week from the

date of receipt of a copy of this judgment.

Writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE NS

APPENDIX OF WP(C) 9431/2022

PETITIONER(S) EXHIBITS :

Exhibit P1 TRUE COPY OF ORDER NO.B2/1973/H.S.D/R.D.D/E.K.M/2018 DATED 15.11.2018 ISSUED BY THE 3RD RESPONDENT BY WHICH THE APPOINTMENT OF PETITIONERS WERE APPROVED.

Exhibit P2 TRUE COPY OF APPOINTMENT ORDER OF 1ST PETITIONER DATED 14.02.2018 ISSUED BY THE MANAGER.

Exhibit P2(a) TRUE COPY OF JOINING REPORT OF 1ST PETITIONER DATED 14.02.2018.

Exhibit P3 TRUE COPY OF APPOINTMENT ORDER OF 2ND PETITIONER DATED 14.02.2018 ISSUED BY THE MANAGER Exhibit P3(a) TRUE COPY OF JOINING REPORT OF 2ND PETITIONER DATED 1.6.2018.

Exhibit P4 TRUE COPY OF APPOINTMENT ORDER OF 3RD PETITIONER DATED 14.02.2018 ISSUED BY THE MANAGER.

Exhibit P4(a) TRUE COPY OF JOINING REPORT OF 3RD PETITIONER DATED 14.02.2018 Exhibit P5 TRUE COPY OF APPOINTMENT ORDER OF 4TH PETITIONER DATED 14.02.2018 ISSUED BY THE MANAGER Exhibit P5(a) TRUE COPY OF JOINING REPORT OF 4TH PETITIONER DATED 14.02.2018 Exhibit P6 TRUE COPY OF APPOINTMENT ORDER OF 5TH PETITIONER DATED 14.02.2018 ISSUED BY THE MANAGER Exhibit P6(a) TRUE COPY OF JOINING REPORT OF 5TH PETITIONER DATED 14.02.2018.

Exhibit P7 TRUE COPY OF ORDER NO.EC(3)/39704/2018/DPI DATED 5.12.2018 ISSUED BY THE 2ND RESPONDENT.

Exhibit P8 TRUE COPY OF PROCEEDINGS NO.B1/13426/2020/L.DIS DATED 9.10.2020 ISSUED BY THE 4TH RESPONDENT.

Exhibit P9 TRUE COPY OF COMMUNICATION DATED 15.04.2021 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT.

Exhibit P10 TRUE COPY OF COMMUNICATION DATED 27.07.2021 ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT.

Exhibit P11 TRUE COPY OF COMMUNICATION NO.A.C.D.A.1/201449/2021/H.S.E.DATED 28.10.2021.

RESPONDENT(S) EXHIBITS : NIL