Sajini George vs State Of Kerala
2023 Latest Caselaw 6066 Ker

WP(C) NO. 18787 OF 2023
                                           1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
                    WP(C) NO. 18787 OF 2023
PETITIONER/S:
          SAJINI GEORGE
          W/O.CHRISOSTOM THOMAS KURIAN, IYKARA IMMANUVEL
          HOUSE, PULLAD PO, PATHANAMTHITTA-. (LABORATORY
          ASSISTANT, CMS HIGHER SECONDARY SCHOOL,
          MALLAPPALLY), PIN - 689548
          BY ADV S.SUBHASH CHAND
RESPONDENT/S:
    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-, PIN - 689121
    4     REGIONAL DEPUTY DIRECTOR
          HIGHER SECONDARY EDUCATION, OFFICE OF THE REGIONAL
          DEPUTY DIRECTOR, KOTTAYAM-, PIN - 686001
    5     THE CORPORATE MANAGER
          CMS SCHOOLS, CSI DIOCESAN OFFICE, CATHEDRAL ROAD,
          KOTTAYAM - ., PIN - 686001
    6     THE PRINCIPAL
          CMS HIGHER SECONDARY SCHOOL, MALLAPPALLY,
          PATHANAMTHITTA DISTRICT, - ., PIN - 689585
    7     ASHOKAKUMAR V.K
          REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY
          EDUCATION, CHENGANNUR -, PIN - 689121
          SMT.SURYA BINOY, GP
     THIS    WRIT   PETITION    (CIVIL)        HAVING   COME    UP    FOR
ADMISSION    ON   09.06.2023,    THE     COURT    ON    THE    SAME   DAY
DELIVERED THE FOLLOWING:
     WP(C) NO. 18787 OF 2023
                                                      2


                           P.V.KUNHIKRISHNAN, J

                          WP(C) No. 18787 of 2023
                                          th
                  Dated this the      9        day   of June, 2023

                               J U D G M E N T

The above writ petition is filed with the following

prayers:

I) Issue a writ in the nature of certiorari or any other

appropriate writ, order or direction, quashing Ext.P12 order

issued by respondent No.3/7 to respondent No.6;

ii) to issue a declaration that the petitioner is entitled to be

disbursed with 8 years, 15 years and 22 years higher grades and

cancellation of the same by Ext.P12 order ultra vires of Rule 6 (6)

of Chapter XXXII KER and in complete violation of the principles

of natural justice is liable to-be struck down as unconstitutional

being violative of Articles 14 and 21 of the Constitution of India:

iii) Dispense with the production of English translation of

documents in vernacular language, And

iv) to mould and grant such other reliefs as this Hon'ble

Court may deem fit and proper in the interest of justice.

2. The petitioner is aggrieved by Ext.P12 order. The

grievance of the petitioner is that, when this court directed as

per Ext.P9 judgment to the first respondent to consider the WP(C) NO. 18787 OF 2023

grievance of the petitioner, before passing order by the first

respondent, Ext.P12 order is passed. Earlier when a similar

order is passed, this court interfered and delivered Ext.P11

judgment. Now again Ext.P12 order is passed is the

submission. The learned counsel appearing for the petitioner

submitted that the petitioner is a Lab Assistant and he is

forced to approach this court twice for the same relief.

3. After hearing both sides, I am of the considered

opinion that, there can be a direction to keep in abeyance

Ext.P12 till orders are passed by the Government as directed in

Ext.P9 judgment. Therefore this writ petition is disposed of

with the following directions:

1. Till final orders are passed by the first respondent as

directed in Ext.P9 judgment, Ext.P12 shall be kept in

abeyance.

2. The petitioner will produce a certified copy of this

judgment along with a copy of this writ petition before the

authority concerned for compliance.

WP(C) NO. 18787 OF 2023

With the above said directions, this writ petition is

disposed of.

sd/-

P.V.KUNHIKRISHNAN, JUDGE

R.AV WP(C) NO. 18787 OF 2023

APPENDIX OF WP(C) 18787/2023

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. DATED 5/4/2019 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.

Exhibit P9 A TRUE COPY OF THE SAID JUDGMENT DATED 12.04.2023 THUS PASSED BY THIS HON'BLE COURT IN W.P.(C).NO.13493/2023 Exhibit P10 A TRUE COPY OF THE SAID COMMUNICATION BEARING NO.3498/C5/2022/RDD/CNGR DATED 12.04.2023 THUS ISSUED BY RESPONDENT NO.3 TO RESPONDENT NO.6 Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 30.05.2023 IN W.P.(C).NO.17270/2023 OF THIS HON'BLE COURT.

Exhibit P12 TRUE COPY OF THE ORDER BEARING NO.3498/C5/2022/ RDD/CNGR DATED 20.05.2023 ISSUED BY RESPONDENT NO.3/7 AND RECEIVED BY RESPONDENT NO.6 VIA E- MAIL ON 05.06.2023.

Exhibit P12(a) TRUE COPIES OF THE RELEVANT PAGES HER SSLC BOOK OF THE PETITIONER.