Firos.K.P vs State Of Kerala
2023 Latest Caselaw 2893 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                      WP(C) NO. 19637 OF 2020
PETITIONER:

             FIROS.K.P
             AGED 41 YEARS, LAB ASSISTANT,
             SIR SYED HIGHER SECONDARY SCHOOL, KARIMBAM P.O.,
             TALIPARAMBA, KANNUR DISTRICT, PIN-670 142.
             BY ADV POOVAMULLE PARAMBIL ABDULKAREEM

RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY THE SECRETARY TO GOVERNMENT,
         GENERAL EDUCATION DEPARTMENT,
         GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM-695 001.
    2    DIRECTOR OF GENERAL EDUCATION,
         THIRUVANANTHAPURAM-695 001.
    3    THE DEPUTY DIRECTOR OF EDUCATION,
         KANNUR-670 001.
    4    DISTRICT EDUCATIONAL OFFICER,
         TALIPARAMBA, KANNUR DISTRICT-670 141.
    5    MANAGER, SIR SYED HIGHER SECONDARY SCHOOL,
         KARIMBAM P.O., TALIPARAMBA, KANNUR, PIN-670 142.
    6    HEAD MASTER,
         SIR SYED HIGHER SECONDARY SCHOOL, KARIMBAM P.O.,
         TALIPARAMBA, KANNUR, PIN-670 142.
    7    MUHAMMED KUNHI.C.
         CLERK, SIR SYED HIGHER SECONDARY SCHOOL,
         KARIMBAM P.O., TALIPARAMBA, KANNUR, PIN-670 142.
         BY ADV.SMT. SURYA BINOY, SR. GOVERNMENT PLEADER



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.03.2023,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.19637/2020

                                   2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.19637 of 2020
             ----------------------------------------------
            Dated this the 13th day of March, 2023


                           JUDGMENT

This writ petition is filed with following prayers:

i. To issue a writ of certiorari or other appropriate writ to quash Exts.P2, P3, and P8 order dated 05/08/2020 issued by the 1st respondent and the denial of approval in Ext.P1 & P4 as it is illegal and unjustifiable.

ii. To issue a writ of mandamus or any other appropriate writ or order or direction directing the 4th respondent to approve the appointment of the petitioner as FTCM from 12/10/2006 to 03/04/2007 and from 03/04/2007 to 31/5/2011 as Peon and to disburse all consequential monitory benefits due to him.

iii. To declare that pending consideration of appointment of the 7th respondent is not a ground for denial of approval to the appointment of the petitioner as FTCM and Peon.

iv. To declare that the petitioner is entitled to get approval to his posts in the light of Ext.P11 judgment.

v. To mould and grant such other reliefs, as this WP(C).No.19637/2020

Hon'ble Court shall deem just and proper in the interest of justice, including costs.

(SIC)

2. Petitioner is working as Lab Assistant in Sir Syed

Higher Secondary School, Taliparamba. He entered service as

Full Time Contingent Menial (FTCM) from 12.10.2006

onwards in the newly created post. This appointment was

rejected by respondents 2 to 4 for the reason that the 5 th

respondent has not appointed as protected hand in the

vacancy and no new post of FTCM was created during 2006-07

due to ban. However, it is submitted that, his appointment was

approved from 01.06.2011 onwards under teachers package

while he was working as Peon in an established vacancy from

03.04.2007 as per Ext.P4. When identical cases were

considered in several writ petitions and writ appeals, this

Court held that approval is ordered to be granted assuming

the Manager to have executed a bond as stipulated in GO(P)

No. 10/10/G.Edn. Dated 12.01.2010. It is the case of the

petitioner that he is also entitled to get his appointment be

approved as done in similar cases including Ext.P11 judgment.

It is submitted that the reason stated in the Ext.P8 impugned WP(C).No.19637/2020

order is that the appointment of the 7 th respondent for

approval is still pending consideration before the 1 st

respondent and thereby the appointment of the petitioner

cannot be considered. It is submitted by the petitioner that the

appointment of the 7th respondent is now approved as per

Exts.P12 and P13. Hence it is submitted that in the light of

the same, the findings in Ext.P8 will not stand.

3. Heard the learned Government Pleader also.

4. After hearing both sides, I think there is some force

in the arguments of the petitioner. In the light of Exts.P12 and

P13, I am of the view that the reasoning in Ext.P8 will not

stand. The District Educational Officer can pass fresh orders

untrammelled by any observations in Ext.P8. Therefore Ext.P8

can be set aside and the 4th respondent can be directed to

reconsider the matter in the light of Exts.P12 and P13.

Therefore, this writ petition is allowed in the following

manner:

1. Ext.P8 is set aside.

2. The 4th respondent is directed to reconsider the

approval of appointment of the petitioner from

the date of his appointment, in the light of WP(C).No.19637/2020

Exts.P12 and P13, as expeditiously as possible,

at any rate, within two months from the date of

receipt of a copy of this judgment.

Consequential benefits, if any, shall be disbursed

to the petitioner, within three months from the

date on which the consequential order is passed.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.19637/2020

APPENDIX OF WP(C) 19637/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 12.10.2006 THUS ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE ORDER NO.K.DIS B4/9337/07/K.DIS DATED 20.07.2007 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE ORDER NO.EM3/58991/07/DPI/K.DIS DATED 21.01.2008 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER DATED 03.04.2007 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REVISED STAFF FIXATION ORDER NO.B4/3264/10/K.DIS DATED 12.01.2011 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REVISION PETITION DATED 10.10.2018 SUBMITTED BY THE PETITIONER.

EXHIBIT P7 TRUE CPY OF THE JUDGMENT DATED 25.09.2019 IN WPC NO.25603/2019.

EXHIBIT P8 TRUE COPY OF THE GO(RT)NO.2386/2020/G.END DATED 05.08.2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE APPOINTMENT ORDER DATED 17.06.2005 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE APPOINTMENT ORDER DATED 05.10.2006 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 26.07.2017 IN WA NO.2592/2015 PASSED BY THIS HON'BLE COURT.

Exhibit P12 TRUE COPY OF THE G.O(RT) NO.5472/2021/G.EDN. DATED 27/11/2021 ISSUED BY THE 1ST RESPONDENT.

WP(C).No.19637/2020

Exhibit P13 TRUE COPY OF THE ORDER NO.B1/3841/21/D.DIS. DATED 19/1/2022 ISSUED BY THE 4TH RESPONDENT.