Lincy Xavier vs State Of Kerala
2022 Latest Caselaw 7156 Ker

Citation : 2022 Latest Caselaw 7156 Ker
Judgement Date : 23 June, 2022

Kerala High Court

Lincy Xavier vs State Of Kerala on 23 June, 2022

WP(C) NO. 20413 OF 2022           1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                     WP(C) NO. 20413 OF 2022
PETITIONER/S:

    1     LINCY XAVIER
          W/O. SWITSON M.D., MANAYIL HOUSE,
          EDAKOCHI-682 010. WORKING AS H.S.T.(S.S)
          ST. AUGUSTINE'S HIGHER SECONDARY SCHOOL, AROOR,
          CHERTHALA, ALAPPUZHA-688 534.
    2     SINI P.A.,
          D/O. ANTONY P.C., H.NO. 15/1235, STATUE JUNCTION,
          NAZARETH, KOCHI-682002. WORKING AS U.P.S.T.
          ST. AUGUSTINE'S HIGHER SECONDARY SCHOOL,
          AROOR, CHERTHALA, ALAPPUZHA-688 534.
    3     MARY NIMMI BAYER,
          W/O. SEEMON LAWRENCE, MULLEPARAMBIL HOUSE,
           V.A.T. ROAD, EDAKOCHI-682010. WORKING AS U.P.S.T.
          ST. AUGUSTINE'S HIGHER SECONDARY SCHOOL, AROOR,
          CHERTHALA, ALAPPUZHA-688 534.
    4     AGNAS USHA C.A.,
          W/O. RICHARD HUBERT, MURIKKUTHARA,
          ERAMALLOOR P.O., CHERTHALA, ALAPPUZHA-688 537.
          WORKING AS U.P.S.T. ST. AUGUSTINE'S HIGHER SECONDARY
          SCHOOL, AROOR, CHERTHALA, ALAPPUZHA-688 534.
    5     SOSAMMA PRAVEEN,
          D/O. JOHN B., H.NO. XI/1239, PUTHENPURAKKAL HOUSE,
          ODATHA-VELI, FORT KOCHI-682001. WORKING AS L.G. HINDI,
          ST. AUGUSTINE'S HIGHER SECONDARY SCHOOL, AROOR,
          CHERTHALA, ALAPPUZHA-688 534.
    6     SIJI JOSEPH K.J.,
          W/O. MATHEW ALBERT P.J., PUTHENCHAKKALAKKAL HOUSE,
          PALLURUTHY P.O., PERUMPADAPPU, COCHIN-682 006.
          WORKING AS H.S.T.(S.S) ST. AUGUSTINE'S HIGHER
          SECONDARY SCHOOL, AROOR, CHERTHALA, ALAPPUZHA-688 534.

          BY ADV V.VIJULAL
RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN-695 001.
 WP(C) NO. 20413 OF 2022             2

    2     THE DIRECTOR OF GENERAL EDUCATION,
          OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM, PIN-695 014.
    3     THE DISTRICT EDUCATIONAL OFFICER,
          OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
          CHERTHALA-688 524.
    4     THE MANAGER,
          CORPORATE EDUCATIONAL AGENCY,
          DIOCESE OF COCHIN, CATHOLIC CENTRE,
          THOPPUMPADY, COCHIN-682005.



          SMT. NISHA BOSE, SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20413 OF 2022                    3

                                  JUDGMENT

The petitioners have approached this Court, being aggrieved by the order

issued by the 3rd respondent, as per which, the approval for the period from

their respective date of appointments to 06.02.2021 were granted only

notionally. They are also aggrieved by the denial of salary and other

consequential benefits for the said period. The petitioners contend that they

have preferred Ext.P10 series of revision petitions before the 1st respondent

which is pending.

2. When this matter came up for consideration, Sri. V. Vijulal, the learned

counsel appearing for the petitioners submitted that the request of the

petitioners at this stage is for issuance of directions to the 1st respondent to

consider Ext.P10 series of revision petitions in the light of Exts.P8 and P9 and

take a decision within a time frame with due notice.

3. I have heard the learned Government Pleader. In the nature of the

order that I propose to pass, notice to the 4th respondent 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:

a) There will be a direction to the 1st respondent to take up,

consider and pass appropriate orders on Ext.P10 series of revision

petitions adverting to Exts.P8 and P9, after affording an opportunity

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

or their authorised representatives and the 4th respondent.

b) Orders, as directed above, shall be passed expeditiously, in

any event, within a period of two 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 NS

PETITIONER(S) EXHIBITS :

Exhibit P1 TRUE COPY OF APPOINTMENT ORDER OF 1ST PETITIONER DATED 3.6.2019.

Exhibit P1(a) TRUE COPY OF JOINING REPORT OF 1ST PETITIONER DATED 6.6.2019 Exhibit P1(b) TRUE COPY OF ORDER NO. B5/21480/2021 DATED 2.7.2021 ISSUED BY THE 3RD RESPONDENT. Exhibit P2 TRUE COPY OF APPOINTMENT ORDER OF 2ND PETITIONER DATED 3.6.2019.

Exhibit P2(a) TRUE COPY OF JOINING REPORT OF 2ND PETITIONER DATED 6.6.2019 Exhibit P2(b) TRUE COPY OF ORDER NO. B5/21482/2021 DATED 29.6.2021 ISSUED BY THE 3RD RESPONDENT. Exhibit P3 TRUE COPY OF APPOINTMENT ORDER OF 3RD PETITIONER DATED 3.6.2019.

Exhibit P3(a) TRUE COPY OF JOINING REPORT OF 3RD PETITIONER DATED 6.6.2019 Exhibit P3(b) TRUE COPY OF RELEVANT PAGE OF ORDER NO.

B5/21478/2021 DATED 1.9.2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF APPOINTMENT ORDER OF 4TH PETITIONER DATED 17.6.2019.

Exhibit P4(a) TRUE COPY OF JOINING REPORT OF 4TH PETITIONER DATED 17.6.2019 Exhibit P4(b) TRUE COPY OF ORDER NO. B5/21800/2021 DATED 29.6.2021 ISSUED BY THE 3RD RESPONDENT. Exhibit P5 TRUE COPY OF APPOINTMENT ORDER OF 5TH PETITIONER DATED 17.6.2019.

Exhibit P5(a) TRUE COPY OF JOINING REPORT OF 5TH PETITIONER DATED 17.6.2019 Exhibit P5(b) TRUE COPY OF ORDER NO. B5/21801/2021 DATED 15.9.2021 ISSUED BY THE 3RD RESPONDENT. Exhibit P6 TRUE COPY OF APPOINTMENT ORDER OF 6TH PETITIONER DATED 3.6.2019.

Exhibit P6(a) TRUE COPY OF JOINING REPORT OF 6TH PETITIONER DATED 6.6.2019 Exhibit P6(b) TRUE COPY OF ORDER NO. B5/21481/2021 DATED 2.7.2021 ISSUED BY THE 3RD RESPONDENT. Exhibit P7 TRUE COPY OF G.O.(P) NO. 4/2021/G.EDN.

DATED 6.2.2021 Exhibit P8 TRUE COPY OF COMMUNICATION NO.

J2/87/2020/G.EDN. DATED 25.2.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P9 TRUE COPY OF CIRCULAR NO.

H2/19500/2019/D.G.E. DATED 26.2.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P10 TRUE COPY OF REVISION PETITION DATED 31.5.2022 SUBMITTED BY THE 1ST PETITIONER. Exhibit P10(a) TRUE COPY OF REVISION PETITION DATED 31.5.2022 SUBMITTED BY THE 2ND PETITIONER. Exhibit P10(b) TRUE COPY OF REVISION PETITION DATED 31.5.2022 SUBMITTED BY THE 3RD PETITIONER. Exhibit P10(c) TRUE COPY OF REVISION PETITION DATED 31.5.2022 SUBMITTED BY THE 4TH PETITIONER. Exhibit P10(d) TRUE COPY OF REVISION PETITION DATED 31.5.2022 SUBMITTED BY THE 5TH PETITIONER. Exhibit P10(e) TRUE COPY OF REVISION PETITION DATED 31.5.2022 SUBMITTED BY THE 6TH PETITIONER.

RESPONDENT(S) EXHIBITS : NIL