Kerala High Court
Roble Philip vs The State Of Kerala on 10 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 10TH DAY OF FEBRUARY 2023 / 21ST MAGHA, 1944
WP(C) NO. 38242 OF 2022
PETITIONERS:
1 ROBLE PHILIP
AGED 42 YEARS
HIGHER SECONDARY SCHOOL TEACHER (COMPUTER APPLICATIONS)
ST. PAUL'S HIGHER SECONDARY SCHOOL, VELIYANAD,
ERNAKULAM DISTRICT-682 313
2 LISA MARY ISAC,
HIGHER SECONDARY SCHOOL TEACHER (ECONOMICS), ST. PAUL'S
HIGHER SECONDARY SCHOOL, VELIYANAD, ERNAKULAM DISTRICT-
682 313
3 ACHUDAS N,
HIGHER SECONDARY SCHOOL TEACHER (COMMERCE), ST. PAUL'S
HIGHER SECONDARY SCHOOL, VELIYANAD, ERNAKULAM DISTRICT-
682 313
4 SREEJA Y K,
HIGHER SECONDARY SCHOOL TEACHER (JUNIOR) (COMMERCE),
ST. PAUL'S HIGHER SECONDARY SCHOOL, VELIYANAD,
ERNAKULAM DISTRICT-682 313
5 BASIL V. JOSEPH,
HIGHER SECONDARY SCHOOL TEACHER (JUNIOR) (MALAYALAM),
ST. PAUL'S HIGHER SECONDARY SCHOOL, VELIYANAD,
ERNAKULAM DISTRICT-682 313
6 RESHMA MARY ZACHARIAH,
HIGHER SECONDARY SCHOOL TEACHER (JUNIOR) (ZOOLOGY), ST.
PAUL'S HIGHER SECONDARY SCHOOL, VELIYANAD, ERNAKULAM
DISTRICT-682 313
7 GEEMOL MARY GEORGE,
HIGHER SECONDARY SCHOOL TEACHER (PHYSICS), ST. PAUL'S
HIGHER SECONDARY SCHOOL, VELIYANAD, ERNAKULAM DISTRICT-
682 313
8 GRIMESHYA ELIZABETH JOHN,
HIGHER SECONDARY SCHOOL TEACHER (CHEMISTRY), ST. PAUL'S
HIGHER SECONDARY SCHOOL, VELIYANAD, ERNAKULAM DISTRICT-
682 313
WP(C) NO. 38242 OF 2022
2
9 SIBI RAGHAVAN,
HIGHER SECONDARY SCHOOL TEACHER (MATHEMATICS), ST.
PAUL'S HIGHER SECONDARY SCHOOL, VELIYANAD, ERNAKULAM
DISTRICT-682 313
10 JIMY GEORGE,
HIGHER SECONDARY SCHOOL TEACHER (JUNIOR) (BOTANY),
ST. PAUL'S HIGHER SECONDARY SCHOOL, VELIYANAD,
ERNAKULAM DISTRICT-682 313
11 SREEJA RAJ
LAB ASSISTANT, ST. PAUL'S HIGHER SECONDARY SCHOOL,
VELIYANAD, ERNAKULAM DISTRICT-682 313
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,
(HIGHER SECONDARY EDUCATION WING), HOUSING BOARD
BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION,
S R V SCHOOL BUILDINGS, ERNAKULAM-682 016
4 THE MANAGER,
CORPORATE MANAGEMENT OF SCHOOLS, CATHOLIC DIOCESE OF
MUVATTUPUZHA, MUDAVOOR, ERNAKULAM DISTRICT-686 669
5 THE PRINCIPAL,
ST. PAUL'S HIGHER SECONDARY SCHOOL, VELIYANAD,
ERNAKULAM DISTRICT-682 313
OTHER PRESENT:
WP(C) NO. 38242 OF 2022
3
SRI. K.M FAISAL GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 38242 OF 2022
4
P.V.KUNHIKRISHNAN, J.
===================
WP(C) No. 38242 OF 2022
===================
Dated this the 10th day of February, 2023
JUDGMENT
The above writ petition is filed with the following prayers;
"i. Issue a writ of mandamus or other appropriate
writ, order or direction commanding the 3 rd respondent to
grant approval to the appointments of the petitioners from
the date of their appointments and disburse the attendant
benefits forthwith.
ii. Pass such other order or direction which this
Hon'ble Court may deem fit and proper to grant in the
circumstances of the case." [SIC]
2. When this writ petition came up for consideration on
19.12.2022, this Court Passed the following order;
" Notice to the 5th respondent has not been returned
after service. The learned Government Pleader, on
instructions submitted that the petitioners herein were all
appointed after 15.07.2021 and in view of the judgment
rendered by this Court in WP(C) No.19808/2021, unless the
manager fills the backlog vacancies in terms of the provisions
of the Persons with Disabilities (Equal Opportunities,
WP(C) NO. 38242 OF 2022
Protection of Rights & Full Participation) Act, 1995 and Right
of Persons with Disabilities Act, 2016 approval cannot be
granted. In so far as the claim of the petitioners for salary on
a daily wage basis in terms of Ext.P12 is concerned, the
learned Government Pleader submits that It is for the
manager to file an appropriate application in terms of Ext.P12
and establish that the petitioners were appointed on
established vacancies. It is submitted that if the said exercise
is carried out, orders in terms of Ext.P12 can be issued.
Post on 19.01.2023."
3. The learned Counsel for the petitioners submitted
that, the 4th respondent Manager already submitted a request
for daily wages salary to the petitioners. If the same is
received, the 3rd respondent can be directed to consider the
same and pass appropriate orders. The learned Counsel for the
petitioners submitted that, the judgment in W.P.C.19808/2021
is challenged before the Division Bench. For that purpose
alone, this writ petition need not be retained. All other legal
contentions of the petitioners are left open. Therefore this writ
petition is disposed of the following directions.
1. If the request for daily wages to the petitioners from
the 4th respondents is received, the 3 rd respondent is directed to
WP(C) NO. 38242 OF 2022
consider the same and pass appropriate orders and release the
eligible amount to the petitioners, as expeditiously as
possible,at anyrate, within a period of six weeks from the date
of receipt of a copy of this judgment.
2. The petitioner will produce a copy of this judgment
along with the copy of the writ petition before the 3 rd
respondent for compliance.
3. All the legal contentions raised by the petitioners are
left open.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
saap
WP(C) NO. 38242 OF 2022
APPENDIX OF WP(C) 38242/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE
1ST PETITIONER DATED 15.07.2021
Exhibit P1A TRUE COPY OF THE MINUTES OF THE SELECTION
COMMITTEE HELD ON 11.06.2020
Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE
2ND PETITIONER DATED 15.07.2021
Exhibit P2A TRUE COPY OF THE MINUTES OF THE SELECTION
COMMITTEE HELD ON 11.06.2020
Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE
3RD PETITIONER DATED 15.07.2021
Exhibit P3A TRUE COPY OF THE MINUTES OF THE SELECTION
COMMITTEE HELD ON 11.06.2020
Exhibit P4 TRUE COPY OF THE APPOINTMENT ORDER OF THE
4TH PETITIONER DATED 15.07.2021
Exhibit P4A TRUE COPY OF THE MINUTES OF THE SELECTION
COMMITTEE HELD ON 11.06.2020
Exhibit P5 TRUE COPY OF THE APPOINTMENT ORDER OF THE
5TH PETITIONER DATED 07.12.2021
Exhibit P5A TRUE COPY OF THE MINUTES OF THE SELECTION
COMMITTEE HELD ON 04.12.2021
Exhibit P6 TRUE COPY OF THE APPOINTMENT ORDER OF THE
6TH PETITIONER DATED 23.12.2021
Exhibit P6A TRUE COPY OF THE MINUTES OF THE SELECTION
COMMITTEE HELD ON 22.12.2021
Exhibit P7 TRUE COPY OF THE APPOINTMENT ORDER OF THE
7TH PETITIONER DATED 23.12.2021
WP(C) NO. 38242 OF 2022
Exhibit P7A TRUE COPY OF THE MINUTES OF THE SELECTION
COMMITTEE HELD ON 22.12.2021
Exhibit P8 TRUE COPY OF THE APPOINTMENT ORDER OF THE
8TH PETITIONER DATED 23.12.2021
Exhibit P8A TRUE COPY OF THE MINUTES OF THE SELECTION
COMMITTEE HELD ON 22.12.2021
Exhibit P9 TRUE COPY OF THE APPOINTMENT ORDER OF THE
9TH PETITIONER DATED 23.12.2021
Exhibit P9A TRUE COPY OF THE MINUTES OF THE SELECTION
COMMITTEE HELD ON 22.12.2021
Exhibit P10 TRUE COPY OF THE APPOINTMENT ORDER OF THE
10TH PETITIONER DATED 23.12.2021
Exhibit P10A TRUE COPY OF THE MINUTES OF THE SELECTION
COMMITTEE HELD ON 22.12.2021
Exhibit P11 TRUE COPY OF THE APPOINTMENT ORDER OF THE
11TH PETITIONER DATED 15.07.2021
Exhibit P12 TRUE COPY OF THE LETTER NO. G.EDN.-
J3/49/2021/G.EDN. DATED 28.10.2022 OF THE
GOVERNMENT
//True copy// PA to Judge
