Kerala High Court
Joshy P K vs The State Of Kerala on 24 May, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
WP(C) NO. 16384 OF 2023
PETITIONER:
JOSHY P K
AGED 46 YEARS
WIFE OF JACOB A V, UPPER PRIMARY SCHOOL ASSISTANT,
UNION HIGHER SECONDARY SCHOOL, MAMBRA, P.O. ERAYAMKUDY,
THRISSUR DISTRICT, PIN - 680308
BY ADVS.
V.A.MUHAMMED
P.A.JENZIA
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY,, THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION
THRISSUR @ AYYANTHOLE, PIN - 680003
4 THE DISTRICT EDUCATIONAL OFFICER
IRINJALAKUDA, THRISSUR DISTRICT, PIN - 680121
5 THE MANAGER
UNION HIGHER SECONDARY SCHOOL, MAMBRA, P.O. ERAYAMKUDY,
THRISSUR DISTRICT, PIN - 680308
SMT.SURYA BINOY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.16384 of 2023
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 16384 of 2023
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Dated this the 24th day of May, 2023
JUDGMENT
This writ petition is filed with the following prayers:
i) Issue a writ of mandamus or other
appropriate writ, order or direction commanding the
Respondents to reckon the approved period of service
of the petitioner as HSA on a regular basis on being
reappointed in terms of Rule 51-A for all service
benefits including fixation of pay in consideration of
the fact that there had been no break in service of
the petitioner from 05.06.2002 onwards and
forthwith.
ii) Issue a writ of mandamus or other
appropriate writ order or direction commanding the
1st respondent to consider and pass appropriate
orders upon Exhibit P6 after affording an opportunity
of being heard to the petitioner within a time limit.
2. When this writ petition came up for
consideration, learned counsel for the petitioner
submitted that the petitioner would be satisfied if a
WP(C)No.16384 of 2023
direction is issued to the 1st respondent to consider
Ext.P6 within a time limit after giving an opportunity of
hearing to the petitioner.
3. Heard the counsel for the petitioner and the
Government Pleader.
4. After hearing both sides I am of the
considered opinion that the writ petition itself can be
disposed of directing the 1st respondent to consider
Ext.P6 within a time frame.
Therefore this writ petition is disposed of with
following directions.
(i) The 1st respondent is directed to
consider and pass appropriate orders in Ext.P6 as
expeditiously as possible at any rate within a
period of three months from the date of receipt
of a certified copy of this judgment.
(ii) Before passing final orders, the 1st
respondent will give an opportunity of hearing to
the petitioner.
(iii) The petitioner will produce a certified
WP(C)No.16384 of 2023
copy of the judgment along with the copy of this
writ petition before the 1st respondent for
compliance.
Sd/-
P.V KUNHIKRISHNAN
JUDGE
AP
WP(C)No.16384 of 2023
APPENDIX OF WP(C) 16384/2023
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER DATED
12.11.2001 WITH APPROVAL RECORDED THEREON
AS HSA (MATHS) FOR THE PERIOD FROM
12.11.2001 TO 28.2.2002
Exhibit P-2 TRUE COPY OF THE APPOINTMENT ORDER DATED
05.06.2002 WITH APPROVAL RECORDED FROM
05.06.2002 ONWARDS AS HSA (MATHS)
Exhibit P-3 TRUE COPY OF THE RE-APPOINTMENT ORDER DATED
15.023.2006 AS UPSA WITH APPROVAL RECORDED
THEREON FROM 15.7.2006 ONWARDS
Exhibit P-4 TRUE COPY OF THE FIXATION STATEMENT DATED
12.07.2019 AS APPROVED BY THE 4TH
RESPONDENT
Exhibit P-5 TRUE COPY OF THE SAID REPRESENTATION DATED
15.07.2019 SUBMITTED BEFORE THE GOVERNMENT
Exhibit P-6 TRUE COPY OF THE REPRESENTATION SUBMITTED
BEFORE THE GOVERNMENT DATED 27.04.2023
