Citation : 2022 Latest Caselaw 7992 Ker
Judgement Date : 29 June, 2022
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. 10930 OF 2022
PETITIONER/S:
FINOSH RAVI.V.R.,
AGED 36 YEARS
UPST, NEW HIGHER SECONDARY SCHOOL, NELLIMOODU,
S/O.RAVEENDRAN.R.,
RESIDING AT ANANDA BHAVAN, KOTTUKKALKONAM,
KATTACHALKUZHI P.O., BALARAMAPURAM,
THIRUVANANTHAPURAM.
BY ADVS.
SURESH KUMAR KODOTH
K.P.ANTONY BINU
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
GENERAL EDUCATION DEPARTMENT,
THIRUVANANTHAPURAM-695 001.
2 DIRECTOR OF GENERAL EDUCATION,
JAGATHI, THIRUVANANTHAPURAM-695 001.
3 DEPUTY DIRECTOR OF EDUCATION,
PAZHAVANGADI, THIRUVANANTHAPURAM-695 023.
4 DISTRICT EDUCATIONAL OFFICER,
NEYYATTINKARA, THIRUVANANTHAPURAM-695 121.
5 MANAGER, NEW HIGHER SECONDARY SCHOOL,
NELLIMOODU, THIRUVANANTHAPURAM-695 524.
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. 10930 OF 2022
2
JUDGMENT
The petitioner states that he is working as Upper Primary School
Teacher ("UPST") in the New Higher Secondary School, Nellimoodu. His
grievance in this petition concerns the non-approval of the service rendered
by the petitioner prior to 01.06.2011 and the denial of benefits to the
petitioner including salary. The petitioner asserts that raising his grievances,
he has preferred Exhibit P4 representation before the 1st respondent. The
petitioner would further contend that as per Exhibit P6 order, the teachers
similarly placed as the petitioner have been granted benefits. It is in the
afore circumstances that this writ petition is filed seeking directions.
2. Sri. Suresh Kumar Kodoth, the learned counsel appearing for
the petitioner submitted that the limited request of the petitioner at this
stage is for issuance of directions to the 1st respondent to expeditiously
consider Ext.P4 and pass appropriate orders within a time frame.
3. I have heard Smt. Nisha Bose, the learned Senior Government
Pleader. In the nature of order that I propose to pass, notice to the 5th
respondent is dispensed with.
WP(C) NO. 10930 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 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.P4 adverting
to Exhibit P6, after affording an opportunity of being heard,
either physically or virtually, to the petitioner herein or his
authorised representative and the 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. 10930 OF 2022
APPENDIX OF WP(C) 10930/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF APPOINTMENT ORDER DATED 31.08.2010 OF THE PETITIONER.
Exhibit P2 TRUE COPY OF GO(P) NO.10/10 G EDN DATED 12.01.2010.
Exhibit P3 TRUE COPY OF GO(P) NO.199/2011/G EDN DATED 01.10.2011.
Exhibit P4 TRUE COPY F PRESENTATION/REVISION PETITION DATED 02.03.2022 SUBMITTED BEFORE THE GOVERNMENT.
Exhibit P5 TRUE COPY OF JUDGMENT DATED 18.01.2021 IN WPC NO.1254/2021.
Exhibit P6 TRUE COPY OF ORDER NO.2962/2021/G EDN DATED 07.06.2021 ISSUED IN PURSUANCE TO EXT.P5 ORDER.
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