Jimi P Jose vs The State Of Kerala
2023 Latest Caselaw 7468 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 7TH DAY OF JULY 2023 / 16TH ASHADHA, 1945
                      WP(C) NO. 22044 OF 2023
PETITIONER:

             JIMI P JOSE
             AGED 37 YEARS
             WIFE OF ABIN A PULIKKOTIL,
             LPSA, MGS L P SCHOOL, KANJIRAMUCK , THRISSUR
             DISTRICT - 679 584.
             (RESIDING AT PULIKKOTIL (H), NORTH PENGAMUKKU,
             THRISSUR DISTRICT, PIN - 680544
             BY ADVS.M.SAJJAD
             P.A.JENZIA

RESPONDENTS:

     1       THE STATE OF KERALA
             REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
             GENERAL EDUCATION DEPARTMENT,
             SECRETARIAT ANNEXE II,
             THIRUVANANTHAPURAM, PIN - 695001
     2       THE DIRECTOR OF GENERAL EDUCATION
             JAGATHY, THIRUVANATHAPURAM, PIN - 695014
     3       THE DEPUTY DIRECTOR OF EDUCATION
             CIVIL STATION , THRISSUR, PIN - 680001
     4       THE ASSISTANT EDUCATIONAL OFFICER
             KUNNAMKULAM, THRISSUR DISTRICT, PIN - 680503
     5       THE CORPORATE MANAGER
             MGS L P SCHOOL, KANJIRAMUCK ,
             THRISSUR DISTRICT, PIN - 679584
     6       THE HEADMASTER
             MGS L P SCHOOL, KANJIRAMUCK ,
             THRISSUR DISTRICT, PIN - 679584
             SMT.SURYA BINOY, GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   07.07.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.22044 /2023

                                    2



                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(C).No.22044 of 2023
              ----------------------------------------------
             Dated this the 07th day of July, 2023


                              JUDGMENT

This writ petition is filed with following prayers:

i. call for Exhibit P-2 and set aside the same to the extent it denied approval to appointment of the Petitioner from 01.06.2010 to 31.05.2011 and 15.07.2012 to 31.01.2014 by issue a writ of certiorari or other appropriate writ order or direction.

ii. declare that the Petitioner's appointment covered by Exhibit P-1 is liable to be approved from 01.06.2010 to 31.01.2014 iii. issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to approve the appointment of the Petitioner covered by Exhibit P-1 from 01.06.2010 to 31.01.2014 and disburse the consequential benefits.

iv. issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to approve the appointment of the Petitioner as LPSA against HTV vacancy 26.07.2017 onwards and disburse the consequential benefits.

WP(C).No.22044 /2023

v. call for the orginals of Exhibits P-11 and set aside the same by issue a writ of certiorari or other appropriate writ order or direction. vi. call for the originals of Exhibits P-12 and P-13 and set aside the same to the extent it denied approval on scale of pay basis by issue a writ, of certiorari or other writ order or direction. vii. issue a writ of mandamus or other writ or direction directing the Respondents to approve appointments covered by Exhibits P-12 and P-13 on scale of pay basis.

Viii. Issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to approve the proposal covered by Exhibit P-17 and disburse the consequential benefits.

ix. issue a writ of mandamus or other appropriate writ order or direction commanding the 1 st Respondent to take a decision on Exhibit P-21, in the light of Exhibits P-3, P-10, P-14, and P-20 with notice to the Petitioner and in a time bound manner.

x. to dispense with filing of English translation of vernacular documents produced along with the Writ Petition.

xi. 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) WP(C).No.22044 /2023

2. This writ petition is filed for issuing a direction to

the 1st respondent to take a decision in Ext.P19 in the light of

Exts.P3 to P10 and P14.

3. Heard the learned Government Pleader also. No

notice is necessary to respondents 5 and 6 at this stage, and if

they are aggrieved by any of the directions issued by this

Court, they are free to file a review petition.

4. After hearing both sides, I think this writ petition

can be disposed of directing the 1 st respondent to consider

Ext.P19 in the light of Exts.P3 to P10 and P14.

Therefore, this writ petition is disposed of in the

following manner:

1. The 1st respondent is directed to consider and

pass appropriate orders in Ext.P19, after

affording an opportunity of hearing to the

petitioner and the 5th respondent, as

expeditiously as possible, at any rate, within four

months from the date of receipt of a stamped

certified copy of this judgment.

2. While deciding the matter, the 1st respondent

will also consider the applicability of Exts.P3 to WP(C).No.22044 /2023

P10 and P14.

3. The petitioner will produce a stamped certified

copy of this judgment along with a copy of this

writ petition before the 1st respondent for

compliance.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.22044 /2023

APPENDIX OF WP(C) 22044/2023

PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE APPOINTMENT OF THE PETITIONER DATED 01.06.2010 Exhibit P-2 TRUE COPY OF THE ORDER NO.

E/1640/2010/K.DIS DATED 05.02.2011 OF THE AEO, KUNNAMKULAM Exhibit P-3 TRUE COPY OF THE ORDER NO.

EC(4)/41467/17/DPI/K.DIS DATED 26.07.2017 OF THE DIRECTOR Exhibit P-4 TRUE COPY OF THE G.O(RT) NO.2684/17/G.EDN DATED 09.08.2017 Exhibit P-5 TRUE COPY OF THE GO(RT) NO.

1283/2020/G.EDN DATED 13.03.2020 Exhibit P-6 TRUE COPY OF THE GO(RT) NO.

5672/2019/G.EDN DATED 27.12.2019 Exhibit P-7 TRUE COPY OF THE GO(RT) NO.3510/2019/ G.EDN DATED 02.09.2019 Exhibit P-8 TRUE COPY OF THE GO(RT) NO.1141/2019/ G.EDN DATED 23.03.2019 Exhibit P-9 TRUE COPY OF THE JUDGMENTS IN W.P.(C) NO.38114 OF 2018 DATED 15.01.2021 Exhibit P-10 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.37644/2017 DATED 24.05.2019 Exhibit P-11 TRUE COPY OF THE ORDER NO. E-

1871/2017/K.DIS DATED 25.09.2017 Exhibit P-12 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2018 Exhibit P-13 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.02.2019 Exhibit P-14 TRUE COPY OF THE GO (P) NO.

31/2006/G.EDN DATED 19.01.2006 Exhibit P- 15 TRUE COPY OF THE ORDER NO.

E/7229/K.DIS DATED 17.12.2019 OF THE AEO, KUNNAMKULAM Exhibit P-16 TRUE COPY OF THE ORDER NO.

E/13598/2021 DATED 15.09.2021 OF THE AEO, KUNNAMKULAM Exhibit P-17 TRUE COPY OF THE APPLICATION FOR APPOINTMENT APPROVAL OF THE PETITIONER WP(C).No.22044 /2023

DATED NIL Exhibit P-18 TRUE COPY OF THE LETTER ISSUED BY THE AEO, KUNNAMKULAM VIDE NO. E/34718/2022 DATED --.05.2023 ADDRESSING THE MANAGER Exhibit P-19 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 15.06.2023