Kerala High Court
Thomas Jickson vs The State Of Kerala on 25 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 25TH DAY OF APRIL 2024 / 5TH VAISAKHA, 1946
WP(C) NO. 14783 OF 2024
PETITIONER/S:
THOMAS JICKSON
AGED 36 YEARS
S/O JOSEPH, KALLUVEETTIL HOUSE, VALLARPADAM P.O,
ERANAKULAM DISTRICT, PIN - 682504
BY ADVS.
GEORGEKUTTY MATHEW
R.PREM SANKAR
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAN,
PIN - 695001
2 THE DIRECTOR OF PUBLIC INSTRUCTIONS
THE OFFICE OF DIRECTOR OF PUBLIC INSTRUCTIONS
THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION
THE OFFICE OF DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM,
CIVIL STATION KAKKANADU, PIN - 682030
4 THE DISTRICT EDUCATIONAL OFFICER ERNAKULAM
THE OFFICE OF THE DISTRICT EDUCATION OFFICER ERNAKULAM
KANAYANNOR P.O. ERNAKULAM, PIN - 682312
5 THE MANAGER
HSS OF JESUS, KOTHAD P.O. ERNAKULAM DISTRICT, PIN -
682027
OTHER PRESENT:
SRI. K. M. FAIZAL - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14783 OF 2024
2
JUDGMENT
Dated this the 25th day of April, 2024
The petitioner who was working as physical
education teacher at Higher Secondary School of Jesus,
Kothad has approached this Court with the following
prayers:-
(I) Issue a writ of certiorari calling for the
records leading to Ext.P1 and quash the same as
arbitrary and illegal.
(ii) Declare that the Petitioner is entitled to
continue in the post of physical education teacher in
the light of chapter XXIII Rule VI (4) of Kerala
Education Rules, exhibit P2 curriculum and exhibit P6
order, in interest of justice.
(iii) Issue a writ of mandamus directing the 3rd
Respondent to give chance of being heard to the
Petitioner while considering exhibit P4
representation pursuant to Ext.P5 order, in the
interest of justice.
(iv) Dispense with filing of the translation of
vernacular documents.
(v) To grant such other reliefs just and proper in
the facts and circumstances of this case.(SIC)
2. The grievances of the petitioner is that,
consequent to Ext.P1 staff fixation order, the post of
the petitioner was abolished and the petitioner has been
terminated from the service. Being the aggrieved by the
same, the petitioner filed Ext.P7 appeal which is now
pending before the 3rd respondent.
WP(C) NO. 14783 OF 2024
3. The limited prayer sought by the petitioner is
for a direction to the 3rd respondent to consider and
pass appropriate orders within a time frame.
After hearing the learned counsel for the
petitioner and the learned government pleader, this writ
petition is disposed of directing the 3rd respondent to
take up Ext.P7 and pass appropriate orders, in
accordance with law, after hearing the petitioner.
Appropriate orders in this regard shall be passed within
a period of two months from the date of receipt of copy
of this judgment.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
SM
WP(C) NO. 14783 OF 2024
APPENDIX OF WP(C) 14783/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER BEARING NO.
81/58068/2023 DATED 22.08.2023 ISSUED BY THE
4TH RESPONDENT
Exhibit P2 TRUE COPY OF THE ORDER BEARING NO. QIP
(2)/29920/15/DPI DATED 06.06.2015 ISSUED BY
THE 2ND RESPONDENT
Exhibit P3 TRUE COPY OF THE ORDER BEARING NO.
FL/5045/2023 DATED 30/11/2023 ISSUED BY THE
3RD RESPONDENT
Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER BEFORE THE HONORABLE MINISTER
FOR EDUCATION ON 09/09/2023
Exhibit P5 TRUE COPY OF THE LETTER BEARING NO.
DGE/1197/2024-EC3 DATED 26/01/2024 IN THIS
REGARD ISSUED FROM THE OFFICE OF THE 2ND
RESPONDENT TO THE PETITIONER
Exhibit P 6 TRUE COPY OF THE ORDER BEARING NO.
HSE/117656/2023-ACD DATED 07/12/2023 ISSUED
BY THE 2ND RESPONDENT
Exhibit P7 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED
09.04.2024 WITHOUT ANNEXURES SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A.TO JUDGE
