Arun Raj N vs The State Of Kerala
2022 Latest Caselaw 3228 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
                        WP(C) NO. 9276 OF 2022
PETITIONER:

          ARUN RAJ N.
          AGED 38 YEARS
          S/O. RAJU (LATE)
          TRADESMAN (MACHINIST),
          SREE NARAYANA POLYTECHNIC COLLEGE,
          KOTTIYAM, KOLLAM DISTRICT - 691 571,
          (RESIDING AT CHITHIRA, HOUSE NO.330,
          AKG NAGAR, PEROORKADA P. O,
          THIRUVANANTHAPURAM DISTRICT - 695 005.)

          BY ADVS.
          V.A. MUHAMMED
          K.S. SHARMILA


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNEMNT,
          HIGHER EDUCATION DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.
    2     THE DIRECTOR OF TECHNICAL EDUCATION,
          PADMAVILASOM ROAD, FORT P. O,
          THIRUVANANTHAPURAM - 695 023.
    3     THE MANAGER
          SREE NARAYANA POLYTECHNIC COLLEGE,
          KOTTIYAM P. O,
          KOLLAM DISTRICT - 691 571.

          SMT. ANIMA M - 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.9276 of 2022

                                   2




                                JUDGMENT

The petitioner was appointed as Tradesman

(Mechanic) in Sree Narayana Polytechnic College,

Kottiyam. He states that his probation was declared with

effect from 06.06.2014 and he was appointed as Trade

Instructor Grade II (Welding) by the 3 rd respondent.

However, by Ext.P9 he was reverted on the ground that

he is a Diploma holder in Automobile Engineering and he

cannot be promoted as Trade Instructor Grade II.

Against Ext.P9 order of reversion, the petitioner has

submitted Ext.P11 representation before the 1st

respondent. The limited prayer of the petitioner in the

writ petition is for a consideration of Ext.P11.

2. Heard the learned counsel for the petitioner

and the learned Government Pleader for respondents 1

and 2. In the nature of the order, I propose to pass W.P(C) NO.9276 of 2022

notice to the 3rd respondent is dispensed with.

3. In the facts and circumstances of the case and

in the nature of the limited prayer made by the petitioner

in the writ petition, there will be a direction to the 1 st

respondent to consider Ext.P11 with notice to the

petitioner and the 3rd respondent, within a period of three

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

The petitioner shall produce a copy of the writ petition

along with exhibits and a certified copy of this judgment

before the 1st respondent for compliance. It is made

clear that, this Court has not expressed any opinion on

the merits of Ext.P11.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SPR W.P(C) NO.9276 of 2022

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER VIDE NO.2/POLY/1664 DATED 31.05.2012.

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE DIRECTORATE OF TECHNICAL EDUCATION VIDE ORDER NO.DP5/31409/12 DATED 23.08.2012.

EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS OF THE DIRECTORATE OF TECHNICAL EDUCATION VIDE ORDER NO.DP5/36559/14 DTE DATED 24.09.2014.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WP.(C) NO.11151/2019 DATED 09.04.2019. EXHIBIT P5 TRUE COPY OF THE LETTER NO.DP5/14150/19/DTE DATED 10.07.2019 OF THE SENIOR JOINT DIRECTOR ADDRESSING THE CHAIRMAN, SN POLYTECHNIC COLLEGE, KOTTIYAM. EXHIBIT P6 TRUE COPY OF THE ARGUMENT NOTE SUBMITTED BY THE PETITIOENR BEFORE THE DIRECTOR, TECHNICAL EDUCATION DATED 20.06.2019.

EXHIBIT P7 TRUE COPY OF THE RELEVANT PAGES OF ALL INDIA COUNCIL FOR TECHNICAL EDUCATION APPROVAL PROCESS AND BOOK 2018-2019. EXHIBIT P8 TRUE COPY OF THE PROCEEDINGS OF THE CHAIRMAN, CHAIRMAN, GOVERNOING BODY, SREE NARAYANA POLYTECHNIC COLLEGE, KOTTIYAM VIDE ORDER NO.2/SNP/3252 DATED 04.09.2019.

EXHIBIT P9 TRUE COPY OF THE LETTER NO.DP514150/19/DTE DATED 31.10.2019 ADDRESSING THE PRINIPAL, SN POLYTECHNIC COLLEGE, KOTTIYAM BY THE SENIOR JOINT DIRECTOR.

W.P(C) NO.9276 of 2022

EXHIBIT P10 TRUE COPY OF THE PROCEEDINGS OF THE CHAIRMAN, GOVERNING BODY, SREE NARAYANA POLYTECHNIC COLLEGE, KOTTIYAM VIDE ORDER NO.2/SNP/4116 DATED 29.11.2019.

EXHIBIT P11 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNEMNT DATED 22.01.2020 (WITHOUT EXHIBITS) EXHIBIT P12 TRUE COPY OF THE G.O(R.T) NO.1537/2021/H.EDN. DATED 19.11.2021.

RESPONDENTS EXHIBITS: NIL.