Abilash Johny vs The State Of Kerala
2022 Latest Caselaw 5918 Ker

WP(C) NO. 6939 OF 2022              1



             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                         WP(C) NO. 6939 OF 2022
PETITIONER:
          ABILASH JOHNY,
          AGED 30 YEARS
          S/O. JOHNY C.V.,
          LPST, DEEPTHI HS, THALORE, THRISSUR, (RESIDING AT
          CHITILAPPILLY HOUSE, PERAMBRA P.O.,
          THRISSUR-680 689).
            BY ADVS.
            T.T.MUHAMOOD
            A.RENJITH
            V.E.ABDUL GAFOOR
            A.MOHAMMED SAVAD
            NAZEER HUZAIN.H
            T.R.VISHNU


RESPONDENTS:
    1     THE STATE OF KERALA
          REP. BY THE SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
     2       THE DIRECTOR OF GENERAL EDUCATION,
             DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
             THIRUVANANTHAPURAM-695 001.
     3       THE DEPUTY DIRECTOR OF EDUCATION,
             OFFICE OF THE DDE, THRISSUR, 680 121.
     4       THE DISTRICT EDUCATIONAL OFFICER,
             OFFICE OF THE DEO, THRISSUR, 680 121.
     5       CORPORATE MANAGER,
             DEVAMATHA CORPORATE EDUCATIONAL AGENCY,
             OF CMI SCHOOLS,
             DEVAMATHA PROVINCIAL HOUSE, THRISSUR-680 022.
             SMT NISHA BOSE, SR GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   31.05.2022,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 6939 OF 2022                2




                                    JUDGMENT

The petitioner is working as LPST in Deepthi High School, Thalore. The

petitioner was initially appointed as FTCM on 1.11.2014 against a promotion

vacancy. His appointment was approved only on 1.6.2015. Aggrieved by this

denial of approval on a scale of pay basis, the petitioner is stated to have

preferred Ext.P2 representation before the 1st respondent, which is stated to

be pending. The prayer in this writ petition is for a direction to the 1st

respondent to consider the same and take a decision expeditiously.

2. Heard Sri.T.T.Muhamood, the learned counsel appearing for the

petitioner and Smt.Nisha Bose, the learned Senior Government Pleader.

3. 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.P2, after affording

an opportunity of being heard, either physically or virtually, to

the petitioner herein or his authorised representative.

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

event, within a period of four 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 IAP

APPENDIX OF WP(C) 6939/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF APPOINTMENT ORDER DATED 01.11.2014 ISSUED BY THE 5TH RESPONDENT.

Exhibit P2 TRUE COPY OF PETITION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT ON 18.12.2021.

RESPONDENTS' EXHIBITS:

NIL