P.K. Shaji vs State Of Kerala
2023 Latest Caselaw 11189 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR. JUSTICE T.R.RAVI
         FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                         WP(C) NO. 35342 OF 2023
PETITIONER:

              P.K. SHAJI,
              AGED 52 YEARS
              S/O KURIAKKOSE, HSST JR. HINDI, CHRIST THE KING HIGH
              SCHOOL, MANIMOOLY P.O, MALAPPURAM DISTRICT (RESIDING AT
              PALAKKUNNEL HOUSE, MANIMOOLY P.O., MALAPPURAM DISTRICT -
              679 333), PIN - 679333.

              BY ADVS.
              V.A.MUHAMMED
              M.SAJJAD


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
              GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE - II,
              THIRUVANANTHAPURAM, PIN - 695001.
     2        THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
              EDUCATION, B2 BLOCK, CIVIL STATION, MALAPPURAM,
              PIN - 676505.
     3        THE CORPORATE MANAGER,
              DIOCESE OF MANANTHAVADI, NALLOORNAD, DWARAKA,
              WAYANAD, PIN - 670645.


              SRI. PREMCHAND R. NAIR. SR.GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 35342 OF 2023

                                         2

                                T.R. RAVI, J.
                       --------------------------------------
                      W.P.(C) No.35342 of 2023
                    ----------------------------------------------------
                 Dated this the 27th day of October, 2023

                                JUDGMENT

Admit. Government Pleader takes notice for respondents 1

& 2. In view of the order that is proposed to be issued, notice to

the 3rd respondent is dispensed with.

2. The petitioner was appointed as HST (Hindi) in 2005.

He was appointed as HSST Jr. Hindi on 13.12.2021, but approval

for the said appointment was denied. The 3rd respondent has

preferred Ext.P5 appeal before the 1 st respondent. The petitioner

seeks early disposal of the said appeal and also for a direction to

give the petitioner the salary which was payable to the lower

post of HST (Hindi). There is no reason to deny salary to the

petitioner, who is admittedly working.

In view of the limited prayer made, this writ petition is

disposed of directing the 1st respondent to consider and pass

orders on Ext.P5 appeal after hearing the petitioner and the 3 rd WP(C) NO. 35342 OF 2023

respondent, at the earliest, at any rate within three months from

the date of receipt of a copy of this judgment. There will be a

further direction to the 2nd respondent to permit the petitioner to

draw salary in the lower post of HST (Hindi) pending decision on

the appeal. The 1st respondent shall have due regard to Exts.P6

to P8 judgments which are rendered in similar circumstances.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 35342 OF 2023

APPENDIX OF WP(C) 35342/2023

PETITIONER'S EXHIBITS

Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER AS HST (HINDI) WITH APPROVAL RECORDED THEREON DATED 01.06.2005.

Exhibit P-2 TRUE COPY OF THE APPOINTMENT ORDER NO.

168/PHSS/2021 DATED 13.12.2021.

Exhibit P-3 TRUE COPY OF THE ORDER NO.

H/7867/2021/RDD/HSE/K.DIS DATED 21.12.2022. Exhibit P-4 TRUE COPY OF G.O(RT )NO. 3843/2022/G.EDN DATED 30.06.2022.

Exhibit P-5 TRUE COPY OF THE APPEAL SUBMITTED BY THE 3RD RESPONDENT VIDE NO. 168/PHSS/2021 DATED 29.09.2023 BEFORE THE 1ST RESPONDENT. Exhibit P-6 TRUE COPY OF THE JUDGMENT IN WP(C) NO.

32084/2017 DATED 09.10.2017.

Exhibit P-7 TRUE COPY OF THE JUDGMENT IN WP(C) NO.

20953/2021 DATED 04.10.2021.

Exhibit P-8 TRUE COPY OF THE JUDGMENT IN WP(C) NO.

5230/2022 DATED 16.02.2022.