Kerala High Court
Sharin P K vs The State Of Kerala on 6 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 20179 OF 2024
PETITIONER/S:
SHARIN P K
AGED 37 YEARS
SON OF P.K. RAMAKRISHNAN RESIDING AT KARTHIKA,
ORAKATTERI, VADAKARA KOZHIKODE DISTRICT, PIN -
673501
BY ADV V.A.MUHAMMED
RESPONDENT/S:
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
CIVIL STATION, KOZHIKODE DISTRICT, PIN - 673020
4 THE DISTRICT EDUCATIONAL OFFICER
THAMARASSERY, KOZHIKODE DISTRICT, PIN - 673573
5 THE MANAGER
NANMINDA HIGHER SECONDARY SCHOOL, NANMINDA,
KOZHIKODE DISTRICT, PIN - 673613
6 THE HEADMASTER/VICE PRINCIPAL
NANMINDA HIGHER SECONDARY SCHOOL, NANMINDA,
KOZHIKODE DISTRICT, PIN - 673613
7 THE HEADMASTER/VICE PRINCIPAL
NANMINDA HIGHER SECONDARY SCHOOL, NANMINDA,
KOZHIKODE DISTRICT, PIN - 673613
W.P.C No. 20179 of 2024
2
8 SMT. K. BINI
HIGH SCHOOL TEACHER (NATURAL SCIENCE) NANMINDA
HIGHER SECONDARY SCHOOL, NANMINDA, KOZHIKODE
DISTRICT, PIN - 673613
OTHER PRESENT:
ADV PREMJITH R NAIR -CGC,ADV K S PRENJITH KUMAR
FOR CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.C No. 20179 of 2024
3
JUDGMENT
The petitioner was appointed as the HSA(Natural Science) in
the school managed by the 5th respondent with effect from
01.06.2016 against a leave vacancy. However, the incumbent
who went on leave rejoined duty on 24.10.2016 and applied for
cancellation of the unavailed portion of leave without allowance.
Therefore, the tenure of appointment of the petitioner is confined
to the period 01.06.2016 to 22.10.2016. Later, as per Ext.P1
order, the Government passed an order, directing the approval of
appointment of the petitioner pertaining to the period from
01.06.2016 to 22.10.2016 on daily wages provided the delay in
submitting the proposal is condoned by the DDE. Later, as per
Ext.P2, the delay was condoned by the DDE. Now the 2 nd
respondent passed Ext.P7, confining the approval of appointment
with effect from 15.07.2016 to 22.10.2016 only. Being aggrieved
by the same, the petitioner submitted Ext.P8 revision petition
which is now pending consideration. The limited prayer sought by
the petitioner is to direct the 1st respondent to pass orders on
Ext.P8.
After hearing the learned counsel for the petitioner and the
learned Government Pleader, this writ petition is disposed of
directing the 1st respondent to take up Ext.P8 and to pass
appropriate orders thereon after hearing the petitioner, the 5 th and
8th respondents. The orders in this regard shall be passed within a
period of four months from the date of receipt of a copy of this
judgment.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
rpk
APPENDIX OF WP(C) 20179/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE G.O. (RT.) NO.
2387/2020/GEDN DATED 05.08.2020
Exhibit P-2 TRUE COPY OF THE ORDER NO.
B1/355/2021/L.DIS. DATED 25.01.2021 OF
THE DDE, KOZHIKODE
Exhibit P-3 TRUE COPY OF THE ORDER NO.
K.DIS.A5/4253/2022 DATED 15.06.2023 OF
THE DEO, THAMARASSERY (IN-CHARGE)
Exhibit P-4 TRUE COPY OF THE LETTER NO. B2/5032/2022
DATED 13.12.2022 OF THE DEO, THAMARASSERY
ALONG WITH REPLY
Exhibit P-5 TRUE COPY OF THE REVISION PETITION DATED
30.08.2023
Exhibit P-6 TRUE COPY OF THE JUDGMENT IN W.P. (C) NO.
32628/2023 DATED 05.10.2023
Exhibit P-7 TRUE COPY OF THE ORDER NO.
EM.3/19705/2023/DGE DATED 10.04.2024 OF
THE ADDITIONAL DIRECTOR (GENERAL)
ATTACHED TO THE OFFICE OF THE 2ND
RESPONDENT
Exhibit P-8 TRUE COPY OF THE REVISION PETITION DATED
20.05.2024 SUBMITTED BEFORE THE 1ST
RESPONDENT
