Balakrishnan T.P vs State Of Kerala
2022 Latest Caselaw 3184 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943


                      WP(C) NO. 28766 OF 2021
PETITIONER:

             BALAKRISHNAN T.P
             AGED 61 YEARS
             THEKKE PULIKOOL,
             CHEEKKILODE, ATHOLI,
             KOZHIKODE-673 616.

             BY ADVS.
             S.SIBHA
             V.S.SHILPA KALA
             PARVATHY VIJAYAN


RESPONDENTS:

      1      STATE OF KERALA
             DEPARTMENT OF SUB-DISTRICT EDUCATION,
             REPRESENTED BY ITS SECRETARY,
             THIRUVANANTHAPURAM-685 001.

      2      THE DEPUTY DIRECTOR OF EDUCATION
             TAZHEKKOD, KOZHIKODE-673 001

      3      THE SUB DISTRICT EDUCATION OFFICER,
             SUB DISTRICT OFFICE OF EDUCATION,
             CHEVAYUR, KOZHIKODE-673 017

      4      THE ASSISTANT DISTRICT EDUCATION OFFICER,
             SUB DISTRICT OFFICE OF EDUCATION,
             CHEVAYUR, KOZHIKODE-673 017

             BY SMT.NISHA BOSE, SR.GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   18.03.2022,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P(C) No.28766 OF 2021
                                      2


                         BECHU KURIAN THOMAS, J.
                   ===========================
                          W.P(C) No.28766 OF 2021
                   ===========================
                    Dated this the 18th day of March, 2022

                                 JUDGMENT

Petitioner was appointed as a part-time drawing teacher in

A.U.P.School, Ichannur, Kozhikode on 15.06.1983. Subsequently,

when the Government decided by Ext.P2 order to grant benefit

of full time service to those part time specialist teachers who had

put in 15 years of service, petitioner was granted the said benefit

with effect from the date of Ext.P2 order as stipulated in the

Government Order itself i.e. 31.12.2009.

2. Claiming that the full time benefit as a drawing teacher

must be granted with effect from the date of appointment i.e.

15.06.1983, petitioner preferred a representation as Ext.P9

before the 1st respondent, contending that, similarly situated

persons were issued orders on the basis of directions issued by

this Court in W.P(C) No.24185/2011. The representation is

pending consideration before the 1st respondent, for the last

more than three months. The grievance of the petitioner is that

the representation ought to have been disposed of in a time

bound manner.

W.P(C) No.28766 OF 2021

3. Having regard to the circumstances and having heard

the learned counsel for the petitioner as well as the learned

Senior Government Pleader, I am of the view that the writ

petition can be disposed of by issuing directions to consider the

representation.

4. Accordingly, there will be a direction to the 1 st

respondent to consider and dispose of Ext.P9 representation, as

expeditiously as possible, at any rate, within a period of six

months from the date of receipt of a copy of this Judgment.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE nk W.P(C) No.28766 OF 2021

APPENDIX OF WP(C) 28766/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 15.6.1983

Exhibit P2 TRUE COPY OF THE PROCEEDINGS DATED 31.12.2009

Exhibit P3 TRUE COPY OF AN ORDER NO E/480/2010 DATED 11.2.10

Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 4.4.2013 IN WP(C) NO 24185 OF 2011

Exhibit P5 TRUE COPY OF THE CIRCULAR DATED 28.2.2019

Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 17.4.2019

Exhibit P7 TRUE COPY OF THE COMMUNICATION DATED 17.4.2019

Exhibit P8 TRUE COPY OF THE REMINDER LETTER DATED 24.11.2021