Kerala High Court
Promod.M.V vs The State Of Kerala on 12 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
WP(C) NO. 8647 OF 2022
PETITIONERS:
1 PROMOD.M.V
AGED 50 YEARS
SON OF C.H. NARAYANAN, TEACHER - IN - CHARGE
(UPPER PRIMACY SCHOOL ASSISTANT),
PUZHATHI CENTRAL UPPER PRIMARY SCHOOL, CHIRAKKAL,
KANNUR DISTRICT - 670011.
2 SHEEJITH T.
UPPER PRIMACY SCHOOL ASSISTANT,
PUZHATHI CENTRAL UPPER PRIMARY SCHOOL, CHIRAKKAL,
KANNUR DISTRICT - 670011.
3 SHEJU K
L.G. SANSKRIT TEACHER,
PUZHATHI CENTRAL UPPER PRIMARY SCHOOL, CHIRAKKAL,
KANNUR DISTRICT - 670011.
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM -695001.
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM - 695014.
3 THE DISTRICT EDUCATIONAL OFFICER,
KANNUR, P.O. KANNUR - 670001.
4 THE ASSISTANT EDUCATIONAL OFFICER
PAPPINISSERY, KANNUR DISTRICT - 670561.
5 THE MANAGER
WP(C) NO. 8647 OF 2022
2
PUZHATHI CENTRAL U.P SCHOOL, CHIRAKKAL,
KANNUR DISTRICT - 670011.
BY ADVS.
SMT.NISHA BOSE, SENIOR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.06.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 8647 OF 2022
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C)No. 8647 of 2022
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Dated this the 12th day of June, 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
4th Respondent to grant approval to the Petitioners
from 02.06.2008, 01.06.2009 and 01.06.2009 in
implementation of Exhibit P-2 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. It is the case of the petitioners that, they are
approved teachers serving in the 5th respondent School
and while continuing so, Government introduced
"Teachers Package" vide G.O. (P) No. 199/2011/G.Edn.
dated 01.10.2011 and accordingly, petitioners got
WP(C) NO. 8647 OF 2022
approval and salary from 01.06.2011. As a result, the
petitioners service from the initial dates of
appointments till 31.05.2011 stands unapproved.
Aggrieved by the same, they approached the
Government and the Government issued Ext.P2 order.
The grievance of the petitioner is that Ext.P2 order is
not implemented.
3. Heard the learned counsel appearing for the
petitioners and the learned Government Pleader. No
notice is necessary to the 5 th respondent at this stage.
If the 5th respondent is aggrieved by any of the
directions issued by this Court, the 5 th respondent is
free to file a Review Petition before this Court.
4. Counsel appearing for the petitioners
submitted that, there may be a direction to the 4 th
respondent to implement Ext.P2 Government Order
deeming that the Manager has executed the bond in
tune with G.O.(P)No.10/10/G.Edn. dated 12.01.2010.
WP(C) NO. 8647 OF 2022
The Government Pleader submitted that, since the
Manager has not executed the bond, there is delay in
implementing Ext.P2.
After hearing both sides, I think this writ petition
can be disposed of in the following manner:
i. The 4th respondent is directed to
implement Ext.P2 order deeming that the Manager
has executed the bond in tune with G.O.
(P)No.10/10/G.Edn. dated 12.01.2010, as
expeditiously as possible, at any rate, within a
period of two months from the date of receipt of a
certified copy of this judgment.
ii. Petitioner will produce a certified copy of
this judgment along with a copy of this writ petition
before the 4th respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 8647 OF 2022
APPENDIX OF WP(C) 8647/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN WP(C)
NO. 26407/2015 DATED 22.02.2018.
EXHIBIT P2 TRUE COPY OF THE G.O(RT) NO.
4820/2018/G.EDN DATED 19.11.2018 OF
THE GOVERNMENT.
EXHIBIT P3 TRUE COPY OF THE LETTER OF THE
MANAGER ADDRESSED TO THE 4TH
RESPONDENT DATED 14.07.2020.
EXHIBIT P4 TRUE COPY OF THE LETTER OF THE
MANAGER ADDRESSED TO THE 4TH
RESPONDENT DATED 20.10.2020.
EXHIBIT P5 TRUE COPY OF THE LETTER OF THE
MANAGER ADDRESSED TOT HE 4TH
RESPONDENT DATED 28.01.2021.
EXHIBIT P6 TRUE COPY OF THE LETTER OF THE
MANAGER ADDRESSED TO THE 4TH
RESPONDENT DATED 10.01.2022.
EXHIBIT P7 TRUE COPY OF THE DECLARATION OF THE
MANAGER DATED 10.01.2022.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.3382/2021 DATED 10.03.2021
EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN WPC
NO.3382/2021 DATED 10.03.2021
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
