Lincy John, W/O.Jubin K.Johnson vs State Of Kerala
2023 Latest Caselaw 6521 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. 19038 OF 2023
PETITIONER:
           LINCY JOHN, W/O.JUBIN K.JOHNSON
           AGED 34 YEARS
           U.P.S.A., K.V.U.P.S. ASRAMOM P.O., KOLLAM-691 002,
           RESIDING AT KARICKAM VILAKOM (J.C.HOUSE), ADICHANALLOOR
           P.O., KOLLAM, PIN - 691573

          BY ADVS.
          B.MOHANLAL
          ASWIN V. NAIR
          FERMIN KHADEEJA N.V.


RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
           GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
           THIRUVANANTHAPURAM, PIN - 695001
    2     THE DIRECTOR OF GENERAL EDUCATION
          GENERAL EDUCATION DEPARTMENT, JAGATHY P.O.,
          THIRUVANANTHAPURAM, PIN - 695014
    3     THE DEPUTY DIRECTOR OF EDUCATION
          GENERAL EDUCATION DEPARTMENT, THEVALLY P.O., KOLLAM,
          PIN - 691009
    4     THE DISTRICT EDUCATIONAL OFFICER
          GENERAL EDUCATION DEPARTMENT, CUTCHERY P.O., KOLLAM,
          PIN - 691013
    5     THE ASSISTANT EDUCATIONAL OFFICER
          GENERAL EDUCATION DEPARTMENT, CUTCHERY P.O., KOLLAM,
          PIN - 691013
    6     THE MANAGER
          K.V.U.P.S.,ASRAMOM P.O., KOLLAM, PIN - 691002


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.19038 of 2023

                                   2

                P.V.KUNHIKRISHNAN
            ---------------------
               W.P (C) No.19038 of 2023
         ---------------------------
           Dated this the 13th day of June, 2023

                            JUDGMENT

This writ petition is filed with the following prayers:-

"(i) To call for the records leading to Ext.P2, P3 and P4 orders from the Respondents and issue a writ of certiorari or other appropriate writ, order or direction quashing Ext.P2, P3 and P4 orders declining to approve the appointment of the Petitioner to the post of U.P.S.A. from 01.06.2018 in the 6th Respondent Aided Management School for the Academic year 2018-2019.

(ii) To issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to approve the appointment of the petitioner to the post of U.P.S.A. from 01.06.2018 in the 6th Respondent Aided Management School for the Academic year 2018-2019 onwards within a stipulated time as directed by this Hon'ble Court and to disburse the salary and other emoluments.

(iii) To declare that the petitioner is entitled to get approval of appointment of the petitioner to the post of U.P.S.A. from 01.06.2018 in the 6th Respondent Aided Management School for the Academic year 2018-2019 onwards and to disburse the salary and other emoluments.

(iv) To issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st Respondent to consider and dispose of Ext P8 within a stipulated time as directed by this Hon'ble Court and approve the appointment of the petitioner to the post of U.P.S.A. from 01.06.2018 in the 6th Respondent Aided Management School for the Academic year 2018-2019 onwards and to disburse the salary and other emoluments.

W.P (C) No.19038 of 2023

(v) To dispense with the translation of the documents produced in the Vernacular Language.

(vi) To issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case. ." (SIC)

2. When this writ petition came up for consideration,

the learned counsel for the petitioner submitted that the

petitioner will be satisfied if a direction is issued to the 1 st

respondent to consider Ext.P8 within a time frame.

3. Heard the learned Government Pleader also.

4. After hearing both sides, I am of the considered

opinion that this writ petition can be disposed of directing

the 1st respondent to consider Ext.P8, after giving an

opportunity of hearing to the petitioner, within a time

frame.

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.P8, after giving an opportunity of hearing to the petitioner and other affected parties, if any, as expeditiously as possible, at any rate, within four months from the date of receipt of a certified copy of this judgment.

W.P (C) No.19038 of 2023

ii) The petitioner will produce a certified copy of this judgment along with a copy of this writ petition before the 1st respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN

JUDGE

bng W.P (C) No.19038 of 2023

APPENDIX OF WP(C) 19038/2023

PETITIONER EXHIBITS

Exhibit-P1 THE TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2018 ISSUED BY THE 6TH RESPONDENT

Exhibit-P2 THE TRUE COPY OF THE ORDER NO.D/2335/18 DATED 10.01.2019 ISSUED BY THE 5TH RESPONDENT

Exhibit-P3 THE TRUE COPY OF THE ORDER NO.B1/767/2019/K.DIS DATED 19.06.2019 ISSUED BY THE 4TH RESPONDENT

Exhibit -P4 THE TRUE COPY OF THE ORDER NO.B2/2030/2019/K.DIS DATED 23.05.2019 ISSUED BY THE 3RD RESPONDENT

Exhibit-P5 THE TRUE COPY OF THE ORDER NO.D/1494/18/L.DIS DATED 12.12.2018 ISSUED BY THE 5TH RESPONDENT

Exhibit-P6 THE TRUE COPY OF THE ORDER NO.B2/4038/2020/K.DIS DATED 16.07.2020 ISSUED BY THE 3RD RESPONDENT

Exhibit-P7 THE TRUE COPY OF THE ORDER NO.D/35523/2022/K.DIS DATED 02.09.2022 ISSUED BY THE 5TH RESPONDENT

Exhibit-P8 THE TRUE COPY OF THE APPLICATION DATED 30/09/2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT