Kerala High Court
Jayanthan Nampoothiri B vs The 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. 2634 OF 2021
PETITIONER:
JAYANTHAN NAMPOOTHIRI B.
AGED 27 YEARS
S/O. BALAKRISHNAN NAMPOOTHIRI, FULL TIME MENIAL, S.K.V
HIGH SCHOOL, KUTTAMPEROOR, P O, KUTTAMPEROOR, MANNAR,
ALAPPUZHA DISTRICT - 689623, (RESIDING AT AMARAVATHI
ILLOM, P.O, KUTTAMPEROOR, MANNAR, ALAPPUZHA DISTRICT -
689623), (M.9497216387).
BY ADVS.
V.A.MUHAMMED
SRI.V.RAJASEKHARAN NAIR
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695001.
2 THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM - 695001.
3 THE DIRECTOR OF GENERAL OF EDUCATION
JAGATHY, THIRUVANANTHAPURAM - 695014,
4 THE DEPUTY DIRECTOR OF EDUCATION
ALAPPUZHA - 688001.
5 THE DISTRICT EDUCATIONAL OFFICER,
MAVELIKKARA, ALAPPUZHA DISTRICT - 690101.
6 THE MANAGER,
S.K.V HIGH SCHOOL, KUTTAMPEROOR, P.O, KUTTAMPEROOR,
MANNAR, ALAPPUZHA DISTRICT - 689623.
BY ADVS.
PRAVEEN K.V
SRI.N.ASHOK KUMAR
SMT.MARIAMMA GEORGE MARANGOLY
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.2634 of 2021
2
P.V.KUNHIKRISHNAN
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W.P (C) No.2634 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) call for the records relating to Exhibits P-2, P-3, P-4
and P-5 orders and set aside the originals of the
same by the issue of a writ of certiorari or
other appropriate writ or order.
ii) call for the records relating to Exhibit P-6 Circular
and set aside th original of the same to the extent
denies approval of appointment made against leave
vacancies during 2016-2017 by the issue of a writ of
certiorari or other appropriate writ or order.
iii) call for the records relating to Exhibit P-7
amendment notification and set aside the original of
the same to the extent it given effect of
retrospectivity to Rule 7 (4) of Chapter XIX-A KERS
from 29.01.2016 by the issue of a writ of certiorari or
other appropriate writ or order.
iv) declare that the appointment of the Petitioner as
FTM from 01.07.2016 to 31.03.2018 is legally valid
and sustainable.
v) pass such other order or direction which this
Hon'ble Court may deem fit and proper in the
circumstances of the case." (SIC)
2. The petitioner was appointed as full time Menial
in the 6th respondent's school. According to the petitioner,
there is an established vacancy of full time menial to
accommodate the petitioner as full time menial from
W.P (C) No.2634 of 2021
01.07.2016 to 31.03.2018 in the school since the DEO,
Mavelikkara has granted approval to the appointment of
Sri.Sreekumar, FTM as office attendant from 01.07.2016 to
31.03.2018. Thus the vacancy in which the petitioner was
appointed is established is the submission. But the
Educational Officers as well as the Government declined
approval stating that there is an amendment in the KER
regarding the appointment of protected hands. Hence, this
writ petition.
3. Heard the counsel for the petitioner and the
learned Government Pleader.
4. When this writ petition came up for consideration,
the learned counsel for the petitioner submitted that
pending the writ petition, the Government issued G.O.(P)
No.4/2021 dated 06.02.2021 and there may be a direction
to consider the proposal for approval of the petitioner's
appointment on the basis of Ext.P11 undertaking. I think
that prayer can be allowed.
Therefore, this writ petition is disposed of with the
following directions:-
i) The 5th respondent is directed to consider the
W.P (C) No.2634 of 2021
proposal sought for approval of the petitioner as Full
Time Menial in the 6th respondent's school in the light of
Ext.P11.
ii) The 5th respondent is free to collect the necessary
documents from the 6th respondent's school.
iii) Above exercise shall be completed by the 5 th
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.2634 of 2021
APPENDIX OF WP(C) 2634/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 01.07.2016.
EXHIBIT P2 TRUE COPY OF THE LETTER NO. K.DIS
B2/4553/16 DATED 28.03.2017 OF THE DEO
EXHIBIT P3 TRUE COPY OF THE ORDER
NO.B3/8781/2017/K.DIS DATED 14.06.2017 OF
THE DDE.
EXHIBIT P4 TRUE COPY OF THE ORDER NO EC
(1)/72162/2017/DPI/K.DIS DATED 07.12.2017
OF THE 3RD RESPONDENT OFFICE.
EXHIBIT P5 TRUE COPY OF THE LETTER NO.
N2/201/2018/G.EDN.DATED 21.05.2019 OF THE
GOVERNMENT.
EXHIBIT P6 TRUE COPY OF THE CIRCULAR NO.
951951/J2/16/G.EDN DATED 09.11.2016 OF THE
GOVERNMENT.
EXHIBIT P7 TRUE COPY OF THE GO(P) NO.199/2016/G.EDN
DATED 03.12.2016 OF THE GOVERNMENT.
EXHIBIT P8 TRUE COPY OF THE APPOINTMENT ORDER OF
SRI.SREEKUMAR B DATED 01.07.2016 AND
APPROVAL RECORDED THEREON.
EXHIBIT P9 TRUE COPY OF THE GO(RT) NO.
1891/2016/G.EDN DATED 10.06.2016 OF THE
GOVERNMENT.
Exhibit P-10 TRUE COPY OF THE PETITION SUBMITTED BY THE
MANAGER DATED 15.05.2023 BEFORE THE 5TH
RESPONDENT
Exhibit P-11 TRUE COPY OF THE DECLARATION DATED
12.05.2023 SUBMITTED BY THE MANAGER
