Sahadevan Ponnangarth Vellen vs State Of Kerala
2022 Latest Caselaw 7989 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944

                  WP(C) NO. 10118 OF 2022

PETITIONER/S:

    1      SAHADEVAN PONNANGARTH VELLEN
           AGED 54 YEARS
           L.G.HINDI, KOOTHUPARAMBA HIGH SCHOOL,
           KOOTHUPARAMBA, KANNUR DISTRICT-670 643

    2      JAYARAJAN.B.
           AGED 49 YEARS
           U.P.S.A., KOOTHUPRAMBA HIGH SCHOOL,
           KOOTHUPARAMBA, KANNUR DISTRICT-670 643

           BY ADV POOVAMULLE PARAMBIL ABDUL KAREEM

RESPONDENT/S:

    1      STATE OF KERALA
           REPRESENTED BY THE SECRETARY TO GOVERNMENT,
           DEPARTMENT OF GENERAL EDUCATION,
           GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM-695 001

    2      DIRECTOR OF THE GENERAL EDUCATION
           JAGATHY, THIRUVANANTHAPURAM-695 014

    3      DEPUTY DIRECTOR OF EDUCATION,
           OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
           KANNUR-670 002

    4      DISTRICT EDUCATIONAL OFFICER,
           OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
           THALASSERY, KANNUR DISTRICT-670 101

    5      MANAGER,
           KOOTHUPRAMBA HIGH SCHOOL, KOOTHUPARAMBA,
           KANNUR DISTRICT-670 643

    6      HEADMASTER,
           KOOTHUPRAMBA HIGH SCHOOL, KOOTHUPARAMBA,
           KANNUR DISTRICT-670 643
 WP(C) NO. 10118 OF 2022

                             2



           SMT NISHA BOSE SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 10118 OF 2022

                                     3


                                JUDGMENT

The petitioners contend that they are working as Lower Grade Hindi

Teacher ("LGT Hindi") and Upper Primary School Assistant ("UPSA") in the

Koothuparamba High School, a school which is originally managed by the

5th respondent. However, due to the management disputes, at present,

the DEO is functioning as the Manager of the School. They contend that

they were appointed in promotion vacancies of Smt. Preetha P.V. and

Smt. Ambili R. However, the proposal for approval was rejected by Exhibits

P2, P3, P5, and P9 orders on the ground that the promotees' approval has

not been approved to date. The petitioners contend that by Exhibit P12

order, the 1st respondent has issued approval of appointment to the

promotees and referring to Exhibit P14, it is submitted that consequential

orders have been passed by the DEO. It is in the aforesaid circumstances,

that the petitioners are before this Court challenging the denial of approval

and also for directions to the 4th respondent to approve the appointment of

the 1st respondent as LGT (Hindi) from 31.07.2007 to 01.06.2011 and 2nd

petitioner as UPSA from 01.06.2009 to 01.06.2011.

2. Heard Sri. Abdul Kareem, the learned counsel appearing for the

petitioner and the learned Government Pleader. WP(C) NO. 10118 OF 2022

3. From the submissions advanced, it appears that the approval was

denied on the ground that the approval of the promotees has not been

granted to date. However, from Exhibit P12 it appears that the

Government has granted approval to the promotees and Exhibit P14 would

reveal that consequential orders have been passed by the DEO. In that

view of the matter, the reasons for refusing the approval do not survive

anymore.

Resultantly, this writ petition will stand disposed of directing the

DEO to reconsider the proposal for approval of the 1st petitioner as LGT

Hindi from 31.07.2007 to 01.06.2011 and the 2nd petitioner as UPSA from

01.06.2009 to 01.06.2011. On approval being granted, the petitioners shall

also be entitled to the monetary benefits to which they are entitled. The

DEO shall take a decision expeditiously, in any event, within a period of two

months from the date of production of a copy of this judgment.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

avs WP(C) NO. 10118 OF 2022

APPENDIX OF WP(C) 10118/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 31.07.2007 ISSUED BY THE 5TH RESPONDENT

Exhibit P2 TRUE COPY OF THE ORDER NO.B6/8111/07/K.DIS DATED 11.02.2008 ISSUED BY THE 4TH RESPONDENT

Exhibit P3 TRUE COPY OF THE ORDER NO.EM(3)/59140/2008 / DPI/ K.DIS DATED 26.12.2008 ISSUED BY THE 2ND RESPONDENT

Exhibit P4 TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2009 ISSUED BY 5TH RESPONDENT

Exhibit P5 TRUE COPY OF THE ORDER NO.K.DIS /B6/4410/09 DATED 28.06.2010 ISSUED BY THE 4TH RESPONDENT

Exhibit P6 TRUE COPY OF THE CLARIFICATION LETTER NO.60930/J2/11/G.EDN DATED 25.10.2011 ISSUED BY THE 1ST RESPONDENT

Exhibit P7 TRUE COPY OF THE REVISION PETITION DATED 22.02.2016 SUBMITTED BY THE 1ST PETITIONER

Exhibit P8 TRUE COPY OF THE REVISION PETITION DATED 22.02.2016 SUBMITTED BY THE 2ND PETITIONER

Exhibit P9 TRUE COPY OF THE ORDER NO.RA(3)/16700/2016/DPI/K.DIS DATED 22.06.2017 ISSUED BY THE 2ND RESPONDENT

Exhibit P10 TRUE COPY OF THE REVISION PETITION DATED 24.12.2020 SUBMITTED BY THE 1ST PETITIONER

Exhibit P11 TRUE COPY OF THE REVISION PETITION DATED 24.12.2020 SUBMITTED BY THE 2ND PETITIONER

Exhibit P12 TRUE COPY OF THE GO(RT) NO.5671/2021/G.EDN DATED 06.12.2021 ISSUED BY THE 1ST RESPONDENT WP(C) NO. 10118 OF 2022

Exhibit P13 TRUE COPY OF THE REPRESENTATION DATED 02.11.2021 SUBMITTED BY THE 2ND PETITIONER

Exhibit P14 TRUE COPY OF THE ORDER NO.B6/687/2021K.DIS DATED 09.03.2022 ISSUED BY THE 4TH RESPONDENT