Kerala High Court
Joshy N.K vs State Of Kerala on 13 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
WP(C) NO. 14725 OF 2021
PETITIONER:
JOSHY N.K.
AGED 37 YEARS
OFFICE ATTENDANT, NIRMALA HIGH SCHOOL, THARIODE 8TH
MILE P.O., WAYANAD-673 575, RESIDING AT NAMBUSSERIYIL
HO, THARIODE P.O., WAYANAD (DISTRICT)-673 575
BY ADVS.
KALEESWARAM RAJ
VARUN C.VIJAY
MAITREYI SACHIDANANDA HEGDE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT
OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-
695 001
2 DIRECTOR OF GENERAL EDUCATION,
DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM-695 014
3 DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, WAYANAD-673
122
4 DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, WAYANAD-673
122
5 ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, WAYANAD-
673 592
6 MANAGER,
NIRMALA HIGH SCHOOL, ETTAM MILE, THARIODE P.O., WAYANAD
DISTRICT-673 589
7 HEADMISTRESS,
NIRMALA HIGH SCHOOL, ETTAM MILE, THARIODE P.O., WAYANAD
W.P (C) No.14725 of 2021
2
DISTRICT-673 589
BY ADV ADVOCATE GENERAL OFFICE KERALA
OTHER PRESENT:
SMT.NISHA BOSE, SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.06.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P (C) No.14725 of 2021
3
P.V.KUNHIKRISHNAN
---------------------
W.P (C) No.14725 of 2021
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Dated this the 13th day of June, 2023
JUDGMENT
This writ petition is filed with the following prayers:-
"i) To issue a writ of certiorari quashing Exts. P2 and
P3;
ii) To declare that the petitioner is entitled to be
granted notional approval from the date of his
appointment, i.e. 02.06.2008 in the post of Full Time
Menial with all consequential benefits including
arrears of salary;
iii) to issue a writ of mandamus directing the
respondents to pass orders approving the
appointment of the petitioner from the date of his
appointment. i.e. 02.06.2008 in the post of Full Time
Menial with al consequential benefits including arrears
of salary;
iv) to issue a writ of mandamus directing the
respondents to disburse arrears of salary and other
service benefits from 02.06.2008 to the petitioner on
approving his appointment as prayed in prayer no.
(iii);
v) To issue such other orders, directions or writs as
may be prayed for under the facts and circumstances
of the case." (SIC)
2. The petitioner is working as full time menial in the
6th respondent's school. It is submitted that Ext.P1
appointment order would show that his appointment was
w.e.f 02.06.2008. It is also submitted that the 6 th
W.P (C) No.14725 of 2021
respondent earmarked vacancies for appointment of
protected teachers from the year 2010 onwards. It is also
the case of the petitioner that the 6th respondent also
executed bond to the effect that he is willing and ready to
appoint a protected teacher. But the petitioner's
appointment was approved only from 01.06.2011. He is
aggrieved by the denial of approval with effect from the
date of his appointment i.e, from 02.06.2008. It is also
submitted that, there was no list of protected teachers
forwarded by the Educational Officer to the Manager during
the relevant time. Hence, this writ petition.
3. Heard the counsel for the petitioner and the
learned Government Pleader.
4. I think the point raised by the petitioner in this
writ petition is covered in favour of the petitioner in the
judgment of this Court in Nadeera vs. State of Kerala
(2013 (2) KLT 88). In the above case, it is stated that, if
no list of protected teachers are supplied by the Educational
Authority to the Manager during the relevant time, there is
no bar in approving the appointment. Admittedly, as on the
date of appointment of the petitioner, there is no list of
W.P (C) No.14725 of 2021
protected teachers supplied by the Educational authority to
the petitioner. In such circumstances, I am of the
considered opinion that the proposal for approval is to be
reconsidered. To facilitate the same, Ext.P1 to the extent
the approval rejected for the period from 02.06.2008 to
01.06.2011 can be set aside and the Government can be
directed to reconsider the matter.
Therefore, this writ petition is disposed of with the
following directions:-
i) The rejection of the approval of the petitioner's
appointment as per Ext.P1 for the period from
02.06.2008 to 01.06.2011 is set aside and there will be a
direction to the 1st respondent to reconsider the same in
the light of the principle laid down by this Court
Nadeera vs. State of Kerala (2013 (2) KLT 88).
ii) Above exercise shall be completed by the 1st
respondent, as expeditiously as possible, at any rate,
within two months from the date of receipt of a certified
copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
W.P (C) No.14725 of 2021
APPENDIX OF WP(C) 14725/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER
DATED 02.06.2008 ISSUED BY THE 6TH
RESPONDENT
Exhibit P2 TRUE COPY OF THE ORDER DATED 04.07.2008
ISSUED BY THE DISTRICT EDUCATIONAL
OFFICER
Exhibit P3 TRUE COPY OF THE ORDER DATED
06.12.2008, REJECTING APPEAL AGAINST
EXT. P2, ISSUED BY THE DEPUTY DIRECTOR
OF EDUCATION, WAYANAD
Exhibit P4 TRUE COPY OF THE LETTER DATED
07.06.2010 ADDRESSED TOT HE DISTRICT
EDUCATIONAL OFFICER ISSUED BY THE
MANAGER, NIRMALA HIGH SCHOOL
Exhibit P5 TRUE COPY OF THE LETTER DATED
31.07.21010 ADDRESSED TO THE MANAGER,
NIRMALA HIGH SCHOOL ISSUED BY THE
DEPUTY DIRECTOR OF EDUCATION
Exhibit P6 TRUE COPY OF THE LETTER DATED
08.07.2010 ISSUED BY THE MANAGER,
NIRMALA HIGH SCHOOL TO THE DISTRICT
EDUCATION OFFICER, WAYANAD
Exhibit P7 TRUE COPY OF UNDATED LETTERS ISSUED BY
THE MANAGER, NIRMALA HIGH SCHOOL TO THE
DISTRICT EDUCATIONAL OFFICER, WAYANAD
Exhibit P8 TRUE COPY OF THE UNDATED LETTER ISSUED
BY THE MANAGER TO DEPUTY SECRETARY,
DEPARTMENT OF GENERAL EDUCATION
Exhibit P9 TRUE COPY OF LETTER DATED 27.06.2011
ISSUED BY THE MANAGER, NIRMALA HIGH
SCHOOL TO THE DISTRICT EDUCATIONAL
OFFICER,WAYANAD
W.P (C) No.14725 of 2021
Exhibit P10 TRUE COPY OF THE BOND DATED 26.04.2019
EXECUTED BY THE 6TH RESPONDENT
Exhibit P11 TRUE COPY OF ORDER NO.67459/N1/2011/DPI
DATED 06.12.2011 ISSUED BY THE DEPUTY
SECRETARY, DEPARTMENT OF GENERAL
EDUCATION
Exhibit P12 TRUE COPY OF ORDER NO.G3/25617/08/ DPI/
KDIC DATED 20.10.2008 ISSUED BY THE
DIRECTOR OF GENERAL EDUCATION
Exhibit P13 TRUE COPY OF ORDER NO.KDIC/8488/2019/B4
DATED 05.10.2020
