Kerala High Court
Jibin J vs The State Of Kerala on 8 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
WP(C) NO. 18573 OF 2022
PETITIONER/S:
JIBIN J.,
AGED 28 YEARS
S/O. C. JOSE,
FULL TIME MENIAL, HIGH SCHOOL,
BALARAMAPURAM, THIRUVANANTHAPURAM-695501
(RESIDING AT J.S. BHAVAN, VENNIYOOR P.O.,
VENGANOOR, THIRUVANANTHAPURAM-695523)
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-695001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695014
3 THE DEPUTY DIRECTOR OF EDUCATION,
KILLIPPALAM P.O., CHALAI,
THIRUVANANTHAPURAM-695036.
4 THE DISTRICT EDUCATIONAL OFFICER,
NEYYATTINKARA, THIRUVANANTHAPURAM-695121.
5 THE MANAGER,
HIGH SCHOOL, BALARAMAPURAM,
THIRUVANANTHAPURAM-695501.
SMT NISHA BOSE SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 18573 OF 2022
2
JUDGMENT
The petitioner was appointed against a leave vacancy as Full-Time
Menial in the School managed by the 5th respondent. The petitioner
contends that though he was initially appointed on a daily wage basis, it
was subsequently revised as an appointment on a scale of pay basis.
However, the proposal for approval of the appointment was rejected by the
4th respondent. Being aggrieved, the petitioner is stated to have preferred
Exhibit P6 revision petition before the Government, which is stated to be
pending. It is in the aforesaid circumstances, that the petitioner has
approached this Court seeking for issuance of directions to the 4th
respondent for expeditious consideration of the revision petition.
2. I have heard Sri. M. Sajjad, the learned counsel appearing for the
petitioner and the learned Government Pleader. In the nature of the order
that I propose to pass notice to the 5th respondent is dispensed with.
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:
WP(C) NO. 18573 OF 2022
a) There will be a direction to the 1st respondent to
take up, consider and pass appropriate orders on Ext.P6
revision petition, after affording an opportunity of being heard,
either physically or virtually, to the petitioner herein or his
authorised representative and 5th respondent.
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. 18573 OF 2022
APPENDIX OF WP(C) 18573/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 13/08/2020.
Exhibit P1(A) TRUE COPY OF THE REVISED APPOINTMENT ORDER OF
THE PETITIONER DATED 13/08/2020.
Exhibit P2 TRUE COPY OF THE ORDER NO.
B1/18446/2020 DATED 13/10/2020 OF THE DEO,
NEYYATTINKARA.
Exhibit P3 TRUE COPY OF THE APPEAL PETITION FILED BEFORE
THE DDE, THIRUVANANTHAPURAM DATED 27/10/2020.
Exhibit P4 TRUE COPY OF THE ORDER NO.
B5-216763/2022 DATED 22/03/2022 OF THE DDE,
THIRUVANANTHAPURAM.
Exhibit P5 TRUE COPY OF THE ORDER NO.
ET(4)/23835/2021 DATED 22/03/2022 OF THE
ADDITIONAL DIRECTOR (GENERAL) ATTACHED TO THE
OFFICE OF THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE REVISION PETITION FILED BEFORE
THE GOVERNMENT DATED 05/04/2022 (WITHOUT
EXHIBITS).
