Kerala High Court
Ribin Raj V.M vs State Of Kerala on 22 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
WP(C) NO. 20081 OF 2023
PETITIONER:
RIBIN RAJ V.M.
VADAKKEDATH MEETHAL, MELUR P.O, ELATTERI, KOYILANDI,
KOZHIKODE PRESENTLY WORKING AS LPST, ELATTERI ALP
SCHOOL, ELLATTERI, KOZHIKODE, PIN - 673304
BY ADVS.
K.MOHANAKANNAN
H.PRAVEEN (KOTTARAKARA)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY
THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, MANANCHIRA,
KOZHIKODE, PIN - 673001
4 THE DISTRICT EDUCATION OFFICER
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, VATAKARA,
KOZHIKODE, PIN - 673104
5 THE ASSISTANT EDUCATIONAL OFFICER
OFFICE OF THE ASSISTANT EDUCATION OFFICER, KOYILANDY,
KOZHIKODE, PIN - 673522
6 MANAGER
ELATTERI ALP SCHOOL, ELATERI
KOZHIKODE DISTRICT-, PIN - 673522
BY ADV.SMT.NISHA BOSE, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.20081 OF 2023
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C)No.20081 of 2023
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Dated this the 22nd day of June, 2023
JUDGMENT
The above writ petition is filed with the following
prayers:
"(i) To issue a Writ of Certiorari or any other
appropriate order leading to Ext.P7 and quash the
same.
(ii) To issue a Writ of Mandamus or any
other appropriate Writ, order or direction directing
the 5th respondent to consider Ext. P10 in the light
of Ext. P8 and pass appropriate order after hearing
the petitioner and the Manager within a time frame
to be fixed by this Hon'ble Court;
(iii) To dispense with filing of the translation
of vernacular documents;
(iv) To grant such other and further reliefs
as are just, proper and necessary in the facts and
circumstances of the case. "[SIC]
WP(C) NO.20081 OF 2023
2. The petitioner was appointed as LPST on
06.06.2019 in a promotion vacancy of Headmaster on
01.04.2019. The approval of appointment was
rejected initially for the reason that the school is an
uneconomic school and the approval of appointment of
one Remya. O, who was appointed on 12.06.2018 was
not approved. Thereafter, the petitioner's appointment
was approved on daily wages by order of the 5 th
respondent dated 04.08.2021. It is submitted that,
when the school was become an economic school, the
Manager submitted a proposal before the 5 th
respondent for approving the appointment of the
petitioner in a scale of pay from 15.07.2021. But by
Ext.P5, the 5th respondent rejected the proposal for
the reason that the staff fixation order of the year
2019 was carried out for the year 2019-20 and 2020-
21 also and the appointment of the petitioner was
WP(C) NO.20081 OF 2023
approved on daily wages. The Manager has submitted
yet another proposal on 01.06.2022 appointing the
petitioner in the scale of pay as evident by Ext.P6, is
the submission. That proposal was returned by Ext.P7
subject to the finalization of the appointment of
physically disabled or any other order from the
Government. The grievance of the petitioner is that,
now that question is settled by this Court in the
judgment dated 13.03.2023 in Writ Appeal
No.1445/2022. Therefore, the proposal for approval
of the petitioner may be directed to be considered.
3. Heard the learned counsel appearing for the
petitioner and the learned Government Pleader.
4. After hearing both sides and also in the light
of the judgment dated 13.03.2023 in Writ Appeal
No.1445/2022, I think there can be a direction to the
Manager to submit a fresh proposal before the 5 th
WP(C) NO.20081 OF 2023
respondent and there can be a direction to the 5 th
respondent to consider the same in the light of the
Division Bench judgment in Writ Appeal No.
1445/2022 dated 13.03.2023.
Therefore, this writ petition is disposed of in the
following manner:
i. The 6th respondent is directed to
resubmit the proposal for approving the
appointment of the petitioner based on Ext.P1
appointment order to the 5th respondent, within a
period of two weeks from the date of receipt of a
certified copy of this judgment.
ii. Once such a proposal for approving the
appointment of the petitioner is received, the 5 th
respondent will consider the same and pass
appropriate orders in it, in the light of the
judgment dated 13.03.2023 in Writ Appeal No.
WP(C) NO.20081 OF 2023
1445/2022, after giving an opportunity of hearing
to the petitioner and the Manager, as expeditiously
as possible, at any rate, within a period of two
months from the date of receipt of the proposal.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO.20081 OF 2023
APPENDIX OF WP(C) 20081/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER OF THE 5TH
RESPONDENT DATED 18-9-2020
EXHIBIT P2 TRUE COPY OF THE ORDER
NO.B5/192759/2020 OF THE 4TH RESPONDENT
DATED 17-6-2021
EXHIBIT P3 TRUE COPY OF THE ORDER NO.F/4389/20 OF
THE 5TH RESPONDENT DATED 4-8-2021
EXHIBIT P4 TRUE COPY OF THE PROPOSAL SUBMITTED BY
THE MANAGER DATED NIL BEFORE THE 5TH
RESPONDENT
EXHIBIT P5 TRUE COPY OF THE ORDER NO. F/14573/2021
OF THE 5TH RESPONDENT DATED 6-9-2021
EXHIBIT P6 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 1-6-2022
EXHIBIT P7 TRUE COPY OF THE ORDER NO.F/28240/2022
DATED 18/10/2022 OF THE 5TH RESPONDENT
EXHIBIT P8 TRUE COPY OF THE ORDER NO.F/43529/2023
DATED 1-6-2023 OF THE 5TH RESPONDENT
EXHIBIT P9 TRUE COPY OF THE STAFF FIXATION ORDER
NO.T.D.F/47053/2022 PUBLISHED ON 9-8-
2022 ISSUED BY THE 5TH RESPONDENT
EXHIBIT P10 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
5TH RESPONDENT DATED 12/06/2023
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
