Janeesh S vs The State Of Kerala
2023 Latest Caselaw 9818 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR. JUSTICE T.R.RAVI
    WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
                         WP(C) NO. 28208 OF 2023
PETITIONER:

              JANEESH S
              AGED 41 YEARS
              S/O. G.SATHYASEELAN, KUNNUVILA PUTHEN VEEDU,
              KODUVAZHANOOR PO, THIRUVANANTHAPURAM - 695612(CLERK,
              DEVASWOM BOARD HIGHER SECONDARY SCHOOL, THIRUVALLA.

              BY ADV S.SUBHASH CHAND


RESPONDENTS:

     1        THE STATE OF KERALA
              REPRESENTED BY THE SECRETARY TO GOVERNMENT,
              DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM, PIN - 695001.
     2        THE DIRECTOR OF GENERAL EDUCATION
              (FORMERLY THE DIRECTOR OF PUBLIC INSTRUCTIONS), OFFICE OF
              THE DIRECTOR OF GENERAL EDUCATION, JAGATHY
              THIRUVANANTHAPURAM, PIN - 695014.
     3        THE DISTRICT EDUCATIONAL OFFICER
              OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
              KANJIRAPPALLY, PIN - 686507.
     4        THE CORPORATE MANAGER/SECRETARY
              TRAVANCORE DEVASWOM BOARD SCHOOLS, TRAVANCORE DEVASWOM
              BOARD, DEVASWOM BUILDINGS, NANTHANCODE,
              THIRUVANANTHAPURAM - 695033.
     5        THE DISTRICT EDUCATIONAL OFFICER
              OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
              THIRUVALLA, PIN - 689101.


              SRI. PREMCHAND R. NAIR, SR.GP.
              SRI. G. BIJU, SC.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28208 OF 2023

                                       2

                               T.R. RAVI, J.
                      --------------------------------------
                    W.P. (C) No. 28208 of 2023
                   ----------------------------------------------------
               Dated this the 13th day of September, 2023

                                JUDGMENT

The writ petition has been filed by being aggrieved by Ext.P2

order passed by the 3rd respondent rejecting the approval of the

appointment of the petitioner as per Ext.P1 on the ground that the

Devaswom Board High School, Erumely did not have sufficient

number of students and is treated as an uneconomic school and

therefore, the appointment can only be on daily wage basis.

2. The petitioner relies on the judgment of this Court in

Bipin Pavithran V. & Another v. State of Kerala and Others

[2021 (2) KHC 515], the judgment in W.A.No.1358 of 2021 and

connected appeals produced as Ext.P4, the judgment in W.P.(C)

No.16158 of 2021 following Ext.P4 judgment (produced as Ext.P5)

and several other judgments which have also been produced as

Exts.P6 to P8. The issue is no longer res integra. The petitioner

submits that as far as Ext.P7 judgment is concerned, it relates to the

very same school. The Court has already found that the refusal to WP(C) NO. 28208 OF 2023

approve an appointment on the ground that the school is an aided

uneconomic school is not legally sustainable.

2. I do not find any reason to take a different view. Even

though the Government Pleader submitted that special leave petitions

are pending against the judgments of this Court, it is fairly admitted

that no interim orders have been issued by the Hon'ble Supreme

Court in this regard.

In the above circumstances, this writ petition is allowed. Ext.P2

order is quashed. There will be a direction to the respondents 1 to 3

to grant approval to the appointment of the petitioner by promotion

as clerk (Ext.P1 order) in the Devaswom Board High School, Erumely

at the earliest, at any rate, within one month from the date of receipt

of a copy of this judgment. There will be a further direction to the

respondents 1 to 3 to sanction and disburse salary and allowances to

the petitioner in the post of clerk with effect from the date of

appointment.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 28208 OF 2023

APPENDIX OF WP(C) 28208/2023

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE ORDER BEARING ROC NO.2917/21//EDN. DATED 01.06.2022 THUS ISSUED BY RESPONDENT NO.4.

Exhibit P2 A TRUE COPY OF THE SAID ORDER BEARING NO.B3/36013/2022 DATED 05.08.2023 PASSED BY RESPONDENT NO.3.

Exhibit P3 A TRUE COPY OF THE RULING OF THIS HON'BLE COURT IN BIPIN PAVITHRAN V. & ANOTHER V. STATE OF KERALA AND OTHERS (2021 (2) KHC

515).

Exhibit P4 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 10/11/2021 IN W.A.NO. 1358 OF 2021.

Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 01.12.2021 IN W.P.(C).NO. 16158/2021 OF THIS HON'BLE COURT.

Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 02.06.2022, IN W.P.(C).NO.5716/2022 THUS PASSED BY THIS HON'BLE COURT.

Exhibit P7 A TRUE COPY OF THE JUDGMENT DATED 19.08.2022 IN WP(C).NO.21195/2022 THUS PASSED BY THIS HON'BLE COURT.

Exhibit P8 A TRUE COPY OF THE JUDGMENT DATED 04.04.2023 THUS PASSED BY THIS HON'BLE COURT IN WP(C).NO.10753 OF 2023.