Nirmal Kumar M B vs State Of Kerala
2023 Latest Caselaw 8934 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                     WP(C) NO. 26800 OF 2023
PETITIONERS:
     1     NIRMAL KUMAR M B
           AGED 47 YEARS
           S/O. BALAN M.K, HSST (CHEMISTRY), KALLADI HIGHER
           SECONDARY SCHOOL, KUMARAMPUTHUR, MANNARKKAD COLLEGE
           P.O, PALAKKAD DISTRICT., PIN - 678583
     2     ROSINI DEVI G
           AGED 45 YEARS
           W/O. A. SREEVALSAN, HSST (PHYSICS), KALLADI HIGHER
           SECONDARY SCHOOL, KUMARAMPUTHUR, MANNARKKAD COLLEGE
           P.O, PALAKKAD DISTRICT., PIN - 678583
     3     MADHAVAN POTTY V
           AGED 53 YEARS
           S/O. VENKITESWARA POTTY, HSST (MATHEMATICS), KALLADI
           HIGHER SECONDARY SCHOOL, KUMARAMPUTHUR, MANNARKKAD
           COLLEGE P.O, PALAKKAD DISTRICT., PIN - 678583
           BY ADVS.
           JACOB SEBASTIAN
           WINSTON K.V
           ANU JACOB
           KEERTHY RAJ
RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
           EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.,
           PIN - 695001
     2     THE REGIONAL DEPUTY DIRECTOR (HSE)
           MALAPPURAM, OFFICE OF THE REGIONAL DEPUTY DIRECTOR
           (HSE), NH-213, DOWN HILL, MALAPPURAM DISTRICT., PIN -
           676505
     3     THE DIRECTOR OF GENERAL EDUCATION (HSE WING)
           OFFICE OF THE DIRECTOR OF GENERAL EDUCATION (HSE WING),
           HOUSING BOARD BUILDING, SANTHI NAGAR,
           THIRUVANANTHAPURAM., PIN - 695001
     4     THE PRINCIPAL
           KALLADI HIGHER SECONDARY SCHOOL, KUMARAMPUTHUR,
           MANNARKKAD COLLEGE P.O, PALAKKAD DISTRICT., PIN -
           678583
           NISHA BOSE SR GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.26800 OF 2023

                                    2



                           ANU SIVARAMAN, J.

                  =========================
                     W.P.(C) No.26800 of 2023
                  =========================

                   Dated this the 14th day of August, 2023

                             JUDGMENT

This writ petition is filed essentially seeking retrospective

upgradation of the post of HSST (Junior) and for a consideration

of Exhibits P9 to P11 representations pending before the 1 st

respondent.

Having heard the learned Government Pleader also, I

am of the opinion that it is for the 1st respondent to take a

decision on the representations preferred by the petitioners.

There will, accordingly, be a direction to the 1 st respondent to take

up Exhibits P9 to P11 representations preferred by the petitioners

with notice to the petitioners and the Manager of the 4 th

respondent School and after hearing them within a period of four

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

Sd/-

ANU SIVARAMAN JUDGE SSK/14/08 WP(C) No.26800 OF 2023

APPENDIX PETITIONER EXHIBITS

Exhibit-P1 A TRUE COPY OF THE ORDER NO. ACD.

A2/9786/HSE/2002 OF APPROVAL OF THE APPOINTMENT OF THE FIRST PETITIONER DATED 21.03.2004 ISSUED BY THE THIRD RESPONDENT. Exhibit-P2 A TRUE COPY OF THE ORDER NO. ACD.

A2/9786/HSE/2002 OF APPROVAL OF THE APPOINTMENT OF THE SECOND PETITIONER DATED 18.07.2004 ISSUED BY THE THIRD RESPONDENT. Exhibit-P3 A TRUE COPY OF THE ORDER NO. ACD.

A2/9786/HSE/2002 OF APPROVAL OF THE APPOINTMENT OF THE THIRD PETITIONER DATED 23.02.2006 ISSUED BY THE THIRD RESPONDENT. Exhibit-P4 A TRUE COPY OF THE ORDER NO. ACD.

A2/9786/HSE/2002 OF APPROVAL OF THE APPOINTMENT OF THE PETITIONERS 1 & 2 DATED 20.06.2008 ISSUED BY THE THIRD RESPONDENT. Exhibit-P5 A TRUE COPY OF THE RELEVANT PAGES OF THE ORDER NO. ACD. C3/16830/2013/HSE DATED 08.08.2014 ISSUED BY THE 3RD RESPONDENT. Exhibit-P6 A TRUE COPY OF THE ORDER NO.

D/6544/20/RDD/MLPM/HSE/K.DIS. DATED 19.02.2022 ISSUED BY THE 2ND RESPONDENT IN RESPECT OF THE FIRST PETITIONER. Exhibit-P7 A TRUE COPY OF THE ORDER NO.

D/6593/20/RDD/MLPM/HSE/K.DIS. DATED 19.02.2022 ISSUED BY THE 2ND RESPONDENT IN RESPECT OF THE SECOND PETITIONER. Exhibit-P8 A TRUE COPY OF THE ORDER NO.

D/6587/20/RDD/MLPM/HSE/K.DIS. DATED 26.03.2022 ISSUED BY THE 2ND RESPONDENT IN RESPECT OF THE THIRD PETITIONER. Exhibit-P9 A TRUE COPY OF THE REPRESENTATION DATED 27.07.2023 SUBMITTED BY THE FIRST PETITIONER BEFORE THE FIRST RESPONDENT.

Exhibit-P10 A TRUE COPY OF THE REPRESENTATION DATED 27.07.2023 SUBMITTED BY THE SECOND PETITIONER BEFORE THE FIRST RESPONDENT. Exhibit-P11 A TRUE COPY OF THE REPRESENTATION DATED 27.07.2023 SUBMITTED BY THE THIRD PETITIONER BEFORE THE FIRST RESPONDENT.

Exhibit-P12 A TRUE COPY OF THE LETTER DATED 31.07.2023.