Kerala High Court
Krishna Prasad.M 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. 19100 OF 2023
PETITIONER:
KRISHNA PRASAD.M
AGED 48 YEARS
S/O KESHAVAN EMBRANDIRI, HSST (ECONOMICS) JUNIOR, MSP
HSS, MALAPPURAM DISTRICT (RESIDING AT MEKKADU MANA, DR.
SAJU ROAD, LANE -4, MALAPPURAM DISTRICT), PIN - 676505
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
P.A.JENZIA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM - 695 001, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
(HIGHER SECONDARY WING ), HOUSING BOARD BUILDING,
SANTHI NAGAR, THIRUVANANTHAPURAM, PIN - 695001
3 THE REGIONAL DEPUTY DIRECTOR
HIGHER SECONDARY EDUCATION, DOWN HILL, MALAPPURAM
DISTRICT, PIN - 676505
4 THE DISTRICT EDUCATIONAL OFFICER
UP HILL, MALAPPURAM DISTRICT, PIN - 676505
5 THE MANAGER & COMMANDANT OF MSP
HSS, UP HILL POST, MALAPPURAM DISTRICT, PIN - 676505
6 THE PRINCIPAL
MSP HSS, UP HILL POST, MALAPPURAM DISTRICT, PIN -
676505
7 VICE PRINCIPAL/ HEADMASTER
MSP HSS, UP HILL POST, MALAPPURAM DISTRICT, PIN -
676505
OTHER PRESENT:
SMT.SURYA BINOY, 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.19100 of 2023
2
P.V.KUNHIKRISHNAN
---------------------
W.P (C) No.19100 of 2023
---------------------------
Dated this the 13th day of June, 2023
JUDGMENT
This writ petition is filed with the following prayers:-
"(i) declare that the petitioner is entitled to get by
transfer appointment as HSST Junior Economics w.e.f
21.06.2018 onwards along with attendant benefits.
(ii) issue a writ of mandamus or other appropriate
writ order or direction to grant approve to the
petitioner as HSST Junior Economics and
consequential benefits w.e.f.21.06.2018 along with
attendant benefits.
(iii) call for Exhibit-P11 and set aside the same by
issue a writ of certiorari or other appropriate writ
order or direction.
(iv) issue a writ of mandamus or other appropriate
writ order or direction to grant approve to the
petitioner as HSST Junior Economics and
consequential benefits w.e.f. 15.07.2021 along with
attendant benefits.
(v) issue a writ of mandamus or any appropriate writ
order or direction directing the 1st respondent to take
a decision on Exhibit P-12 with notice to the
petitioner, adverting to Exhibit P-16 in a time bound
manner.
(vi) to dispense with the filing of English translation of
vernacular documents produced in the writ petition
(viii) pass such other order or direction which this
W.P (C) No.19100 of 2023
Hon'ble Court may deem fit and proper to grant in
the circumstances of the case. " (SIC)
2. This writ petition is filed for issuing direction to
the 1st respondent to take a decision on Ext.P13, after
giving an opportunity of hearing to the petitioner and
respondent nos.3 and 4. The further prayer is to disburse
the salary to the petitioner in the lower scale attached to
the post of HSA until his appointment as HSST (Junior) is
approved.
2. Heard the learned counsel for the petitioner and
the learned Government Pleader. No notice is necessary to
the respondent nos.5 to 7 at this stage. If they are
aggrieved by any of the directions issued by this Court, they
are free to file a review petition before this Court.
3. After hearing both sides, I am of the considered
opinion that there can be a direction to the 1 st respondent
to consider Ext.P13 within a time frame and there can be a
direction to the respondents to disburse the salary in the
lower scale.
W.P (C) No.19100 of 2023
Therefore, this writ petition is disposed of with the
following directions:-
I) The 1st respondent is directed to consider
and pass appropriate orders in Ext.P13, after
giving 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 certified copy of this judgment.
II) Till a final decision is taken as directed
above, the 4th and 7th respondents are directed to
disburse the lower scale salary attached to the
post of HSA to the petitioner from next month
onwards.
III) The arears of salary in the lower scale shall
be disbursed within one month.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
W.P (C) No.19100 of 2023
APPENDIX OF WP(C) 19100/2023
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE B.ED CERTIFICATE OF
THE PETITIONER ISSUED BY THE MG
UNIVERSITY DATED 17.06.2002
Exhibit P-2 TRUE COPY OF THE MA ECONOMICS
CERTIFICATE OF THE PETITIONER ISSUED BY
THE ANNAMALAI UNIVERSITY DATED
09.11.2011
Exhibit P-3 COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER BEFORE THE MANAGER DATED
06.06.2018
Exhibit P-4 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
MANAGER DATED 26.09.2018
Exhibit P-5 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
MANAGER DATED 28.01.2019
Exhibit P-6 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
REGIONAL DEPUTY DIRECTOR DATED
03.12.2018
Exhibit P-7 TRUE COPY OF THE LETTER OF THE REGIONAL
DEPUTY DIRECTOR ADDRESSING THE
PETITIONER VIDE NO. D/13762/18/RDD
/HSSE/MLPM DATED 06.02.2019
Exhibit P-8 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
REGIONAL DEPUTY DIRECTOR DATED
24.04.2019
Exhibit P-9 TRUE COPY OF THE COVERING LETTER OF THE
PETITIONER ADDRESSING THE HEADMASTER
W.P (C) No.19100 of 2023
DATED 24.04.2019
Exhibit P-10 TRUE COPY OF THE LETTER OF THE MANAGER
ADDRESSING THE PETITIONER ASKING TO
JOIN IN THE PROMOTED POST DATED
14.07.2021
Exhibit P-11 TRUE COPY OF THE PROCEEDINGS OF THE
REGIONAL DEPUTY DIRECTOR, HIGHER
SECONDARY WING VIDE
NO.D/7565/2021/RDD/HSE/KDIS DATED
20.10.2022
Exhibit P-12 TRUE COPY OF THE APPEAL SUBMITTED BY
THE MANAGER BEFORE THE DIRECTOR DATED
07.12.2022
Exhibit P-13 TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE PETITIONER BEFORE THE
GOVERNMENT DATED 13.05.2023
Exhibit P-14 TRUE COPY OF JUDGMENT IN W.P(C) NO.
32084/2017 DATED 09.10.2017
Exhibit P-15 TRUE COPY OF JUDGMENT IN W.P(C) NO.
20953/2021 DATED 04.10.2021
Exhibit P-16 TRUE COPY OF THE DECISION REPORTED IN
2011(3) KHC 275 = 2011(3) KLT 549
(VALSALA KUMARI DEVI M. V. STATE OF
KERALA AND OTHERS) DATED 23.06.2011
