Kerala High Court
Sajini George vs State Of Kerala on 12 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
WP(C) NO. 13493 OF 2023
PETITIONER:
SAJINI GEORGE
W/O.CHRISOSTOM THOMAS KURIAN, IYKARA IMMANUVEL HOUSE,
PULLAD PO, PATHANAMTHITTA - 689548. (LABORATORY
ASSISTANT, CMS HIGHER SECONDARY SCHOOL, MALLAPPALLY)
BY ADV S.SUBHASH CHAND
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, HIGHER SECONDARY
EDUCATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
(FORMERLY THE DIRECTOR OF PUBLIC INSTRUCTIONS), OFFICE
OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY
THIRUVANANTHAPURAM , PIN - 695014
3 REGIONAL DEPUTY DIRECTOR
HIGHER SECONDARY EDUCATION, OFFICE OF THE REGIONAL
DEPUTY DIRECTOR, CHENGANNUR - 689121
4 REGIONAL DEPUTY DIRECTOR
HIGHER SECONDARY EDUCATION, OFFICE OF THE REGIONAL
DEPUTY DIRECTOR, KOTTAYAM - 686001
5 THE CORPORATE MANAGER
CMS SCHOOLS, CSI DIOCESAN OFFICE, CATHEDRAL ROAD,
KOTTAYAM - 686001
BY ADV.SURYA BINOY, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13493 OF 2023
2
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C)No. 13493 of 2023
----------------------------------------------
Dated this the 12th day of April, 2023
JUDGMENT
The above writ petition is filed with the following
prayers:
"(i) Issue a writ of mandamus or any other
appropriate writ, order or direction, directing
respondent No.3 to sanction and disburse 22 years
higher grade to the petitioner with effect from
01.06.2022 onwards and the increment with effect
from 01.03.2023 onwards forthwith or within such
time as this Hon'ble Court may deem fit and proper
in the interest of justice;
(ii) To issue a writ in the nature of
mandamus or any other appropriate writ or order
directing respondent No.1 to consider and pass
final orders on Ext.P8 representation with notice
and opportunity of hearing to the petitioner and
respondent No.5 forthwith or within such time as
this Hon'be Court may deem fit and proper in the
interest of justice;
(iii) To issue a declaration that the
WP(C) NO. 13493 OF 2023
petitioner is entitled to be sanctioned and
disbursed with 22 years of higher grade with
effect from 01.06.2022 and increment with effect
from 01.03.2023 forthwith and denial of the same
by respondent No.3 is absolutely arbitrary and
untenable in law rendering the same liable to be
struck down as unconstitutional being violative of
Articles 14 and 21 of the Constitution of India:
(iv) Dispense with the production of
English translation of documents in vernacular
language.
(v) To mould and grant such other reliefs
as this Hon'ble Court may deem fit and proper in
the interest of justice."[SIC]
2. As per Ext.P6 communication of respondent
No.5 to respondent No.3, the petitioner's 22 years
higher grade with effect from 01.06.2022 and
increment with effect from 01.03.2023 have been
detained by 3rd respondent on the ground that Part
Time Menial does not constitute a Class IV post.
Aggrieved by the same, the petitioner submitted
Ext.P8 representation before the 1 st respondent. The
grievance of the petitioner is that the same is not
WP(C) NO. 13493 OF 2023
considered.
3. Heard counsel appearing for the petitioner
and the learned Government Pleader.
4. Counsel appearing for the petitioner
submitted that there may be a direction to the 1st
respondent to consider Ext.P8 in the light of Ext.P7
judgment. I think that prayer can be allowed.
Therefore, this writ petition is disposed of in the
following manner:
i. The 1st respondent is directed to
consider and pass appropriate orders in Ext.P8,
as expeditiously as possible, at any rate, within a
period of four months from the date of receipt of
a stamped certified copy of this judgment.
ii. Before passing final orders, the 1st
respondent will give an opportunity of hearing to
the petitioner.
iii. While passing final orders, the 1st
respondent will also consider the applicability of
WP(C) NO. 13493 OF 2023
Ext.P7 judgment.
iv. Petitioner will produce a stamped
certified copy of this judgment along with a copy
of this writ petition before the 1 st respondent for
compliance.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 13493 OF 2023
APPENDIX OF WP(C) 13493/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF APPOINTMENT ORDER
DATED 11.01.1999 THUS ISSUED BY
RESPONDENT NO.5 AND APPROVED BY
DISTRICT EDUCATIONAL OFFICER,
KOTTAYAM.
EXHIBIT P2 TRUE COPY OF APPOINTMENT ORDER THUS
ISSUED BY RESPONDENT NO.5.
EXHIBIT P3 TRUE COPY OF ORDER IN CIVIL APPEAL
NO. 3534/2016 DATED 26.07.2017 THUS
PASSED BY THE HON'BLE APEX COURT.
EXHIBIT P4 TRUE COPY OF ORDER BEARING
NO.146/2018/G.EDN. DATED 08.10.2018
ISSUED BY RESPONDENT NO.1.
EXHIBIT P5 TRUE COPY OF ORDER
NO.B2/214/2019/RDD/HSE DATED THUS
ISSUED BY RESPONDENT NO.4.
EXHIBIT P6 TRUE COPY OF COMMUNICATION DATED
03.01.2023 THUS ISSUED BY
RESPONDENT NO.5 TO RESPONDENT NO.3.
EXHIBIT P7 TRUE COPY OF THE RULING IN
RAJENDRAN V. STATE (1993 (1) KLT
893).
EXHIBIT P8 TRUE COPY OF REPRESENTATION DATED
06.03.2023 THUS SUBMITTED BEFORE
RESPONDENT NO.1.
RESPONDENT EXHIBITS: NIL
//TRUE COPY// PA TO JUDGE
