Kerala High Court
Suraj Jose vs The State Of Kerala on 23 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
WP(C) NO. 28168 OF 2023
PETITIONER:
SURAJ JOSE, AGED 42 YEARS,
SON OF JOSE, HIGH SCHOOL TEACHER (SOCIAL SCIENCE),
MAYANNUR ST. THOMAS HIGHER SECONDARY SCHOOL,
CHAVAKKAD, THRISSUR DISTRICT - 679105.
BY ADV V.A.MUHAMMED
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
THRISSUR @ AYYANTHOLE, PIN - 680003.
4 THE DISTRICT EDUCATIONAL OFFICER,
CHAVAKKAD, THRISSUR DISTRICT - 680506.
5 THE CORPORATE MANAGER,
CORPORATE EDUCATIONAL AGENCY,
ARCH DIOCESE OF TRICHUR, CATHOLIC ARCHBISHOP'S HOUSE,
THRISSUR DISTRICT - 680005.
BY ADV.SMT.SURYA BINOY, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28168 OF 2023
-2-
JUDGMENT
Even though the petitioner impugns Ext.P6,
whereby, his approval as HST (Social Science)
has been denied; he concedes that he has
preferred Ext.P9 Statutory Revision before the
1st respondent - State of Kerala, under the
provisions of Rule 92 of Chapter XIVA of the
Kerala Education Rules (KER); and alternatively
prays that same be directed to be taken up and
disposed of by its competent Authority, within a
time frame to be fixed by this Court.
2. The petitioner also prays that, until
such time as Ext.P9 is decided, 5th respondent be
directed to pay him salary in the lower scale.
3. The learned Senior Government Pleader -
Smt.Surya Binoy, submitted that, if the
petitioner only requires Ext.P9 to be taken up
and disposed of by the competent Authority of
WP(C) NO. 28168 OF 2023
the 1st respondent, there does not appear to be
any legal impediment in doing so; however,
praying that this Court may not make any
affirmative declarations in his favour in this
judgment and leave it to the said Authority to
take an apposite decision, as per law.
Resultantly, I order this writ petition and
direct the competent Authority of the Government
to take up Ext.P9 Statutory Revision Petition
and dispose it of, after affording an
opportunity of being heard to the petitioner;
thus culminating in an appropriate order and
necessary action thereon, as expeditiously as is
possible, but not later than four months from
the date of receipt of a copy of this judgment.
I further direct the 5th respondent to pay
eligible salary to the petitioner in the lower
scale, if there are no other legal impediments
standing in the way, until such time as the
WP(C) NO. 28168 OF 2023
afore directions are complied with by the 1 st
respondent.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 28168 OF 2023
APPENDIX OF WP(C) 28168/2023
PETITIONER EXHIBITS
EXHIBIT P-1 TRUE COPY OF THE GOVERNMENT CIRCULAR
NO. 23323/J1/89/G.EDN. DATED
06.11.1989
EXHIBIT P-2 TRUE COPY OF THE JUDGMENT IN W.P. (C)
NO. 33755/2016 DATED 07.12.2016
EXHIBIT P-3 TRUE COPY OF THE JUDGMENT IN W.P. (C)
NO. 32084/2017 DATED 09.10.2017
EXHIBIT P-4 TRUE COPY OF THE JUDGMENT IN W.P. (C)
NO. 37343/2017 DATED 18.12.2017
EXHIBIT P-5 TRUE COPY OF THE JUDGMENT IN W.P. (C)
NO. 22304/2018 DATED 04.07.2018
EXHIBIT P-6 TRUE COPY OF THE ORDER NO. B4/39284/
2022 DATED 18.07.2023 OF THE DEO,
CHAVAKKAD
EXHIBIT P-7 TRUE COPY OF THE PROMOTION ORDER DATED
04.07.2022
EXHIBIT P-8 TRUE COPY OF THE SAID REQUEST MOVED BY
THE CORPORATE MANAGER DATED 30.08.2022
BEFORE THE DEO
EXHIBIT P-9 TRUE COPY OF THE REVISION PETITION
10.08.2023 BY THE PETITIONER
