Kerala High Court
Sabu.E.D vs The State Of Kerala on 31 May, 2022
WP(C) NO. 5759 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. 5759 OF 2022
PETITIONER:
SABU.E.D.,
AGED 51 YEARS
SON OF E.K.DEVASSY, CLERK, M K HIGHER SECONDARY
SCHOOL, VENGOOR-683 546, ERNAKULAM DISTRICT,
(RESIDING AT EDAPPULAVAN HOUSE, CHELAMATTAM,
P.O.OKKAL, ERNAKULAM DISTRICT-683 550).
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695 014.
3 THE DISTRICT EDUCATIONAL OFFICER,
KOTHAMANGALAM, ERNAKULAM DISTRICT-686 691.
4 THE MANAGER, M K HIGHER SECONDARY SCHOOL,
VENGOOR-683 546, ERNAKULAM DISTRICT.
5 THE PRINCIPAL, M K HIGHER SECONDARY SCHOOL,
VENGOOR-683 546, ERNAKULAM DISTRICT.
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. 5759 OF 2022 2
JUDGMENT
The petitioner states that he was appointed as a Peon from 01.11.2001
in the M K Higher Secondary School in a leave vacancy. He is now functioning
as a Clerk from 25.08.2006 onwards. The petitioner claims that he is entitled
to annual increments, grade benefits etc. dehors the restrictions imposed in
Ext.P5 Government Order. The petitioner contends that raising all his legal
contentions, he has preferred Ext.P8 representation before the Government
which is stated to be pending. It is in the afore circumstances that the
petitioner has approached this Court seeking direction to the 1st respondent to
consider Ext.P8 and take a decision expeditiously.
2. Heard Sri.V.A.Muhammed, 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.P8, 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) 5759/2022
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 01.11.2001.
Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 01.04.2002.
Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED O5.09.2005.
Exhibit P4 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 25.08.2006.
Exhibit P5 TRUE COPY OF THE GO(MS) NO.16/10/G.EDN
DATED 18.01.2010.
Exhibit P6 TRUE COPY OF THE JUDGMENT IN WA
NO.2032/2018 DATED 12.03.2019.
Exhibit P7 TRUE COPY OF THE CIRCULAR
NO.26790/J3/2006/G.EDN DATED 29.07.2006 OF
THE GOVERNMENT.
Exhibit P8 TRUE COPY OF THE REPRESENTATION SUBMITTED
BEFORE THE GOVERNMENT DATED 12.01.2022
(WITHOUT EXHIBITS).
RESPONDENTS' EXHIBITS:
NIL
