Kerala High Court

Sujeesh N.T vs The State Of Kerala on 14 June, 2022

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944

                  WP(C) NO. 19168 OF 2022

PETITIONER/S:

    1      SUJEESH N.T
           AGED 44 YEARS
           S/O. CHANDAPPAN T.,
           CLERK, SPBHSS, RAMANATTUKARA, RAMANATTUKARA P.O.,
           KOZHIKODE DISTRICT, PIN-673633,
           RESIDING AT 'NELLIKOTTE THAROL' HOUSE,
           RAMANATTUKARA P.O., KOZHIKODE DISTRICT, PIN 673633.

    2      ZUBAIR V.M.,
           AGED 39 YEARS
           S/O. MUHAMMED, K.,
           CLERK, FAROOK HSS, FAROOK COLLEGE P.O.,
           KOZHIKODE DISTRICT, PIN-673632,
           RESIDING AT KUNNUMMAL HOUSE, KARAD PARAMBA P.O.,
           MALAPPURAM DISTRICT, PIN673632.

    3      KUTTYALI T.C.,
           AGED 48 YEARS
           S/O. MOHAMMED KUTTY T.C.,
           CLERK, UMBICHI HAJEE HSS CHALIYAM,
           CHALIYAM P.O., KOZHIKODE DISTRICT, PIN-673301,
           RESIDING AT THALANCHERI HOUSE,
           CHALIYAM P.O., KOZHIKODE DISTRICT, PIN673301.

    4      ANOOP C.,
           AGED 40 YEARS
           S/O. GANGADHARA KURUP,
           L.D. CLERK(H/G), C.M.C. GIRLS HIGH SCHOOL,
           ELATHUR, ELATHUR P.O.,
           KOZHIKODE DISTRICT, PIN673303,
           RESIDING AT SOORYAKANTHI HOUSE,
           PARANNUR P.O., NARIKKUNI VIA,
           KOZHIKODE DISTRICT, PIN-673585.

    5      VIJULESH N.K.,
           AGED 41 YEARS
           S/O. JANARDHANAN N.K.,
           CLERK, AKKR HSS FOR GIRLS, CHELANNUR,
           CHELANNUR P.O., KOZHIKODE DISTRICT, PIN-673616,
           RESIDING AT PEEDIKA THAZHAM, KURUVATTOOR P.O.,
           KOZHIKODE DISTRICT, PIN673611.
 WP(C) NO. 19168 OF 2022

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    6      SHANOJ R.B.,
           AGED 42 YEARS
           S/O. BALAN P.,
           CLERK, CMC BOYS HIGH SCHOOL ELATHUR,
           ELATHUR P.O., KOZHIKODE DISTRICT, PIN-673303,
           RESIDING AT PANOT HOUSE, NOCHAD P.O,,
           NADUVANNUR-VIA, KOZHIKODE DISTRICT, PIN-673614.

    7      SUDHEER KUMAR T.T.,
           S/O. LATE VELAYUDHAN NAIR,
           CLERK, PANTHEERANKAVE HSS,
           PANTHEERANKAVE P.O., KOZHIKODE DISTRICT, PIN-673019,
           RESIDING AT VIRIPADATH HOUSE, PANTHEERANKAVE P.O.,
           KOZHIKODE DISTRICT, PIN-673019.

           BY ADVS.
           BABU JOSEPH KURUVATHAZHA
           C.P.SIVADASAN NAIR

RESPONDENT/S:

    1      THE STATE OF KERALA
           REPRESENTED BY SECRETARY TO GOVERNMENT,
           GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT,
           THIRUVANANTHAPURAM-PIN.695001

    2      THE DIRECTOR OF GENERAL EDUCATION,
           JAGATHY, THIRUVANANTHAPURAM, PIN 695014.

    3      DEPUTY DIRECTOR OF EDUCATION ,
           KOZHIKODE, MANANCHIRA P.O., KOZHIKODE 673 001.

    4      DISTRICT EDUCATIONAL OFFICER,
           KOZHIKODE, MANANCHIRA P.O., KOZHIKODE 673 001.

           SMT NISHA BOSE SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 19168 OF 2022

                                           3


                                    JUDGMENT

This writ petition is filed seeking the following reliefs:

(i) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents to revise/re-fix the time bound higher grade of petitioners in the cadre of Clerk, by reckoning the last grade service rendered by them and to sanction and disburse the consequential benefits, forthwith;

(ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 4th respondent to consider and dispose of Exts. P23 to P29 representations, in the light of Exts. P20 and P22 orders of the Government, forthwith, with notice to the petitioners.

2. Sri. Babu Joseph Kuruvathazha, the learned counsel appearing for

the petitioner submits that the petitioners herein had joined service as Full

Time Menial, Peon/Attender, etc. and they were all promoted to the post of

Clerk. According to the learned counsel, they are entitled to reckon the Last

Grade Service rendered by them for computing Time Bound Higher Grade of

Clerk, which has been denied to them. Raising their grievances, the

petitioners are stated to have preferred Exhibits P23 to P29 representations.

The learned counsel requested that directions be issued to the 4th

respondent to consider the representations and take a decision adverting to

Exhibits P20 and P22 Government Orders.

3. I have heard the learned Government Pleader as well. WP(C) NO. 19168 OF 2022

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:

a) There will be a direction to the 4th respondent to take

up, consider and pass appropriate orders on Exts.P23 to P29,

adverting to Exts.P20 and P22, after affording an opportunity

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

herein or their authorized representatives.

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. 19168 OF 2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 1.4.2006, APPOINTING THE 1ST PETITIONER AS CLERK.

Exhibit P2 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 1.11.2004, APPOINTING THE 2ND PETITIONER AS FULL TIME MENIAL.

Exhibit P3 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 3.11.2015, APPOINTING THE 2ND PETITIONER AS OFFICE ATTENDER.

Exhibit P4 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 1.6.2016, PROMOTING THE 2ND PETITIONER AS CLERK.

Exhibit P5 TRUE OF THE ORDER OF THE 4TH RESPONDENT DATED 23.9.2017, APPROVING APPOINTMENT OF THE 2ND PETITIONER AS CLERK.

Exhibit P6 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 8.4.2004, PROMOTING THE 3RD PETITIONER AS CLERK.

Exhibit P7 TRUE COPY OF THE APPOINTMENT ORDER DATED 1.6.2005, APPOINTING THE 4TH PETITIONER AS LEAVEN SUBSTITUTE IN THE LEAVE VACANCY OF SRI. A. ANEESH BABU, FULL TIME MENIAL.

Exhibit P8 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 2.8.2008, APPOINTING THE 4TH PETITIONER AS FULL TIME MENIAL.

Exhibit P9 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 1.9.2012, APPOINTING THE 4TH PETITIONER AS LDC.

Exhibit P10 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 1.1.2004, APPOINTING THE 5TH PETITIONER AS FULL TIME MENIAL, WP(C) NO. 19168 OF 2022

Exhibit P11 TRUE COPY OF THE CERTIFICATE DATED 25.1.2017 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION TO THE 5TH PETITIONER.

Exhibit P12 TRUE COPY OF THE CERTIFICATE DATED 3.7.2018 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION TO THE 5TH PETITIONER.

Exhibit P13 TRUE COPY OF THE ORDER DATED 2.1.2004, APPOINTING THE 6TH PETITIONER AS FULL TIME MENIAL (LEAVE SUBSTITUTE).

Exhibit P14 TRUE COPY OF THE ORDER DATED 1.6.2004, APPOINTING THE 6TH PETITIONER AS FULL TIME MENIAL.

Exhibit P15 TRUE COPY OF THE ORDER DATED 7.10.1996, APPOINTING THE 7TH PETITIONER AS FULL TIME MENIAL.

Exhibit P16 TRUE COPY OF THE ORDER DATED 14.11.2005, APPOINTING THE 7TH PETITIONER AS PEON.

Exhibit P17 TRUE COPY OF THE ORDER DATED 12.9.2007, APPOINTING THE 7TH PETITIONER AS CLERK.

Exhibit P18 TRUE COPY OF THE PROCEEDING DATED 2.11.2001 ISSUED BY THE GOVERNMENT OF KERALA.

Exhibit P19 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 7.2.2013 IN W.P.(C) NO.5000/2005.

Exhibit P20 TRUE COPY OF THE ORDER DATED 20.5.2013 ISSUED BY THE GOVERNMENT.

Exhibit P21 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 16.8.2013 IN W.P.(C) NO.20239/2013.

Exhibit P22 TRUE COPY OF THE ORDER DATED 10.12.2021 ISSUED BY THE GOVERNMENT.

WP(C) NO. 19168 OF 2022

Exhibit P23 TRUE COPY OF THE REPRESENTATION DATED 4.3.2022 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT, SEEKING EXTENSION OF BENEFITS CONFERRED AS PER EXTS.P20 AND P22.

Exhibit P24 TRUE COPY OF THE REPRESENTATION DATED 4.3.2022 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 4TH RESPONDENT, SEEKING EXTENSION OF BENEFITS CONFERRED AS PER EXTS. P20 AND P22.

Exhibit P25 TRUE COPY OF THE REPRESENTATION DATED 5.3.2022 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 4TH RESPONDENT, SEEKING EXTENSION OF BENEFITS CONFERRED AS PER EXTS. P20 AND P22.

Exhibit P26 TRUE COPY OF THE REPRESENTATION DATED 6.3.2022 SUBMITTED BY THE 4TH PETITIONER BEFORE THE 4TH RESPONDENT, SEEKING EXTENSION OF BENEFITS CONFERRED AS PER EXTS.P20 AND P22.

Exhibit P27 TRUE COPY OF THE REPRESENTATION DATED 5.3.2022 SUBMITTED BY THE 5TH PETITIONER BEFORE THE 4TH RESPONDENT, SEEKING EXTENSION OF BENEFITS CONFERRED AS PER EXTS. P20 AND P22.

Exhibit P28 TRUE COPY OF THE REPRESENTATION DATED 6.3.2022 SUBMITTED BY THE 6TH PETITIONER BEFORE THE 4TH RESPONDENT, SEEKING EXTENSION OF BENEFITS CONFERRED AS PER EXTS.P20 AND P22.

Exhibit P29 TRUE COPY OF THE REPRESENTATION DATED 4.3.2022 SUBMITTED BY THE 7TH PETITIONER BEFORE THE 4TH RESPONDENT, SEEKING EXTENSION OF BENEFITS CONFERRED AS PER EXTS. P20 AND P22.