Jiji Joseph vs State Of Kerala
2023 Latest Caselaw 6461 Ker

                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. 10807 OF 2023
PETITIONER:

          JIJI JOSEPH
          LOWER PRIMARY SCHOOL TEACHER, HOLY FAMILY HIGHER
          SECONDARY SCHOOL MUTTTOM, CHERTHALA-688524 RESIDING AT
          CMC 29, ERATTUPUZHA, CHERTHALA, PIN - 688524
          BY ADVS.
          M.A.FAYAZ
          M.VISHNUPRIYA
          C.B.ABHINAVA


RESPONDENTS:

    1     STATE OF KERALA
          REP. BY SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION
          DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695001
    2     DIRECTOR OF GENERAL EDUCATION
          O/O DIRECTOR OF GENERAL EDUCATION, JAGATHI,
          THIRUVANANTHAPURAM, PIN - 695014
    3     DEPUTY DIRECTOR OF EDUCATION ALAPPUZHA
          O/O DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA,
          ALAPPUZHA, PIN - 688001
    4     DISTRICT EDUCATIONAL OFFICER, CHERTHALA
          O/O THE DISTRICT EDUCATIONAL OFFICER, CHERTHALA
          CHERTHALA, PIN - 690511
    5     CORPORATE MANAGER
          ST.MARY'S FORANE CHURCH SCHOOLS MANAGEMENT, MUTTOM,
          CHERTHALA, PIN - 690511
          BY ADVS.
          S. P. ARAVINDAKSHAN PILLAY - R5
          PETER JOSE CHRISTO(K/1216/2004)
          N.SANTHA(S-176)
          V.VARGHESE(K/514/1996)
 WP(C) NO. 10807 OF 2023


                          2


         S.A.ANAND(K/1216/2006)
         K.N.REMYA(K/712/2010)
         L.ANNAPOORNA(K/952/2013)
         VISHNU V.K.(K/001396/2018)
         ABHIRAMI K. UDAY(K/001426/2018)


         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:
 WP(C) NO. 10807 OF 2023


                                  3




            P.V.KUNHIKRISHNAN, J.
           ------------------------------
           W.P.(C)No. 10807 of 2023
   ----------------------------------------------
    Dated this the 13th day of June, 2023


                       JUDGMENT

The above writ petition is filed with the

following prayers:

"(i) To call for the records leading to Exts.P2 and P4 orders of the 4 th respondent and set aside the same by issuing a Writ of Certiorari.

(ii) To issue a Writ of Mandamus directing the 4th respondent to approve petitioners appointment as LPST w.e.f 01.06.2017 on the basis of Ext.P3 order and also taking note of the fact that the 5 th respondents appointment as Corporate Manager has been approved by the authorities.

(iii) To direct the 4th respondent to sanction and disburse salary due to the petitioner as LPST w.e.f 01.06.2017 provisionally, pending final disposal of the WP(C) NO. 10807 OF 2023

above Writ Petition in the interest of justice.

(iv) To dispense with the filing of translated copies of the Exhibits produced in the above Writ Petition.

(v) To grant such other reliefs or orders as this Hon'ble Court may deem fit and proper in the above case, and to award costs."[SIC]

2. The main grievance of the petitioner is

that the proposal to approve the appointment of

the petitioner as L.P.S.T is returned as per Ext.P4

stating that the seniors of the petitioner's

approval is pending. Counsel for the petitioner

disputed the same. In such circumstances, I am

of the considered opinion that the 4 th respondent

has to reconsider the proposal for approval after

giving an opportunity of hearing to the petitioner

and the Manager.

3. Therefore, this writ petition can be

disposed of directing the 4 th respondent to WP(C) NO. 10807 OF 2023

consider the proposal and the 4th respondent is

also free to issue intimation to the Manager, if

any additional documents are necessary so that

the Manager can produce the same also.

Hence, this writ petition is disposed of in the

following manner:

i. The 4th respondent is directed to

consider the proposal for approval of

appointment of the petitioner as L.P.S.T, after

giving an opportunity of hearing to the

petitioner and the 5th respondent, as

expeditiously as possible, at any rate, within

a period of one month from the date of

receipt of a certified copy of this judgment

ii. The 4th respondent is free to

intimate the 5th respondent, if any additional

documents are necessary. If such an

intimation is received, the 5th respondent will WP(C) NO. 10807 OF 2023

produce the additional documents also before

the 4th respondent.

iii. Petitioner will produce a certified

copy of this judgment along with a copy of

the writ petition before the 4 th respondent for

compliance.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 10807 OF 2023

APPENDIX OF WP(C) 10807/2023

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER APPOINTING THE PETITIONER AS LPST W.E.F. 01.06.2017.

EXHIBIT P2 TRUE COPY OF THE ORDER NO.B4/3264/2017 DATED 05.08.2017 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P3 TRUE COPY OF ORDER NO.EC1/10407/2020/DGE DATED 07.04.2021 ISSUED BY THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY LETTER NOB4/22554/21 DATED 22.09.2022 ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT EXHIBIT P5 TRUE COPY OF APPOINTMENT ORDER ISSUED IN RESPECT OF MARYKUTTY.P.T DATED 17.05.2016 EXHIBIT P6 TRUE COPY OF THE APPOINTMENT ORDER ISSUED IN RESPECT OF AJIMI TREASA DATED 28.09.2016

RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE