Anandu.E.Vinod vs State Of Kerala
2023 Latest Caselaw 6243 Ker

             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. 18882 OF 2023
PETITIONERS:

      1      ANANDU.E.VINOD
             AGED 25 YEARS
             UPSA, K.P.R.P. HIGHER SECONDARY SCHOOL,
             KONGAD, PALAKKAD DISTRICT, PIN - 678631
      2      RESHMA K.R
             AGED 32 YEARS
             UPSA, K.P.R.P. HIGHER SECONDARY SCHOOL,
             KONGAD, PALAKKAD DISTRICT, PIN - 678631
      3      AISWARYA.U
             AGED 26 YEARS
             UPSA, K.P.R.P. HIGHER SECONDARY SCHOOL,
             KONGAD, PALAKKAD DISTRICT, PIN - 678631
             BY ADVS.GEORGE ABRAHAM
             JOBY D JOSEPH
             MARY CATHERINE PRIYANKA P.S.

RESPONDENTS:

      1      STATE OF KERALA
             REPRESENTED BY SECRETARY TO GOVERNMENT,
             GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695001
      2      THE DIRECTOR OF GENERAL EDUCATION
             JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
      3      THE DISTRICT EDUCATIONAL OFFICER
             OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
             MUNICIPAL COMPLEX, SANTHI NAGAR,
             PALAKKAD, PIN - 678014
      4      THE MANAGER
             K.P.R.P. HIGHER SECONDARY SCHOOL,
             KONGAD, PALAKKAD DISTRICT, PIN - 678631
             SMT.SURYA BINOY, 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.18882/2023

                                   2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.18882 of 2023
             ----------------------------------------------
            Dated this the 12th day of June, 2023


                            JUDGMENT

This writ petition is filed with following prayers:

i. to issue a writ of certiorari or any other appropriate writ, direction or order to quash Exts.P4, P5 and P6 orders issued by the DEO, Palakkad.

ii. to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to approve the appointment of the petitioners as UPSA with effect from the respective date of appointment. iii. to issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to consider Exhibits P7 to P9 revision petition filed by the petitioner. iv. Petitioner also prays that this Hon'ble Court may be pleased to dispense with the translation of the documents produced in the vernacular language. v. to grant such other and further reliefs as this Hon'ble Court may consider just and proper in the facts and circumstances of the case.

(SIC) WP(C).No.18882/2023

2. Aggrieved by the rejection of approval of

appointment as UPST, the petitioners submitted Exts.P7 to P9

before the 1st respondent. The grievance of the petitioners is

that the same is not considered.

3. Heard the learned counsel for the petitioners and

the learned Government Pleader.

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

itself can be disposed of directing the 1st respondent to

consider Exts.P7 to P9 within a time frame. The counsel for

the petitioners submitted that there may be a direction to

consider the dictum laid down by the Division Bench of this

Court in Writ Appeal No.1602/2022 and connected cases.

Therefore, this writ petition is disposed of in the

following manner:

1. The 1st respondent is directed to consider and

pass appropriate orders in Exts.P7 to P9, after

affording an opportunity of hearing to the

petitioners, as expeditiously as possible, at any

rate, within within four months from the date of

receipt of a stamped certified copy of this

judgment.

WP(C).No.18882/2023

2. While deciding the matter, the 1st respondent

will also consider the applicability of the dictum

laid down by this Court in Writ Appeal

No.1602/2022 and connected cases.

3. The petitioners 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.18882/2023

APPENDIX OF WP(C) 18882/2023

PETITIONER EXHIBITS Exhibit P1 A COPY OF THE APPOINTMENT ORDER ISSUED BY THE MANAGER IN FAVOUR OF THE 1ST PETITIONER DATED 15/7/2021 Exhibit P2 A COPY OF THE APPOINTMENT ORDER ISSUED BY THE MANAGER FAVOUR OF THE 2ND PETITIONER DATED 16/7/2021 Exhibit P3 A COPY OF THE APPOINTMENT ORDER ISSUED BY THE MANAGER FAVOUR OF THE 3RD PETITIONER DATED 1/6/2022 Exhibit P4 A COPY OF THE ORDER NO.

B5/24717/2021/KDIS PASSED BY THE DEO, PALAKKAD DATED 19/4/2023 Exhibit P5 A COPY OF THE ORDER NO.

B5/24714/2021/KDIS PASSED BY THE DEO, PALAKKAD DATED 19/4/2023 Exhibit P6 A COPY OF THE ORDER NO.

B5/36470/2022/KDIS ISSUED BY THE DEO, PALAKKAD DATED 19/4/2023 Exhibit P7 A COPY OF THE REVISION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DATED 9/5/2023 Exhibit P8 A COPY OF THE REVISION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT DATED 9/5/2023 Exhibit P9 A COPY OF THE REVISION SUBMITTED BY THE 3RD PETITIONER BEFORE THE 1ST RESPONDENT DATED 9/5/2023 Exhibit P10 A COPY OF THE ROSTER DATA COLLECTION Exhibit P11 A COPY OF THE APPOINTMENT ORDER ISSUED BY THE MANAGER IN FAVOUR OF SRI.

SHAMNAS P.A DATED 1/6/2022