Kerala High Court
Jilu Joseph vs State Of Kerala on 6 November, 2024
2024:KER:82365
WPC.No.39133/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 6TH DAY OF NOVEMBER 2024 / 15TH KARTHIKA,
1946
WP(C) NO. 39133 OF 2024
PETITIONERS:
1 JILU JOSEPH,
AGED 43 YEARS,
W/O.FESTUS MANOJ, HIGH SCHOOL TEACHER(PHYSICAL
SCIENCE), ST.ALBERT'S HIGHER SECONDARY SCHOOL,
BANERJI ROAD, ERNAKULAM, PIN - 682 019.
2 LEENA LINCY MARY T.L,
AGED 44 YEARS,
W/O.DHINKER GEORGE, HIGH SCHOOL TEACHER (SOCIAL
SCIENCE), ST.MARY'S HIGHER SECONDARY SCHOOL,
VALLARPADAM, ERNAKULAM, PIN - 682 504.
3 MARY AYILIN VIVERA,
AGED 43 YEARS,
W/O.JOSEPH VIVERA, HIGH SCHOOL TEACHER(SOCIAL
SCIENCE), ST.RITA'S HIGH SCHOOL, PONNURUNNY,
VYTTILA, ERNAKULAM DISTRICT, PIN - 682 019.
4 NIXY M.T,
AGED 42 YEARS,
W/O.SANTHOSH AUGUSTINE, UPPER PRIMARY SCHOOL
TEACHER, ST.ALBERT'S HIGHER SECONDARY SCHOOL,
BANERJI ROAD, ERNAKULAM, PIN - 682 018.
5 DAMSON JOSEPH,
AGED 34 YEARS,
S/O.JOSEPH P.T., UPPER PRIMARY SCHOOL TEACHER,
ST.ALBERT'S HIGHER SECONDARY SCHOOL, BANERJI
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WPC.No.39133/24 2
ROAD, ERNAKULAM, PIN - 682 018.
BY ADV V.VARGHESE
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 DIRECTOR OF GENERAL EDUCATION,
DIRECTORATE OF GENERAL EDUCATION,
THIRUVANANTHAPURAM, PIN - 695 014.
3 DISTRICT EDUCATIONAL OFFICER,
ERNAKULAM DISTRICT, KOCHI, PIN - 682 011.
4 GENERAL MANAGER,
CORPORATE EDUCATIONAL AGENCY, ARCH DIOCESE OF
VERAPOLY, ST.ALBERT'S HSS CAMPUS, ERNAKULAM,
KOCHI, PIN - 682 018.
SRI.V.K.SUNIL, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:82365
WPC.No.39133/24 3
JUDGMENT
Petitioners 1 to 3 are presently working as HSTs and
petitioners 4 and 5 are working as UPSTs. The 1 st petitioner
entered service as HST, whereas the petitioners 2 and 3
entered into service as UPSTs and later promoted as HSTs.
Their grievance is that, all of them were appointed in the year
2018 and 2019, but the approval of the respective
appointments were granted only notionally till 05.02.2021 and
on scale of pay basis from 06.02.2021 onwards. Being
aggrieved by the denial of approval of scale of pay basis from
the date of appointment till 05.02.2021 the petitioners have
submitted Exts.P3, P6, P9, P12 and P15 revision petitions
before the 1st respondent, which are now pending
consideration. It is also the case of the petitioners that the
Government has considered the grievances of similarly
situated persons and granted reliefs as per Exts.P17 and P18.
Therefore, the limited prayer sought by the petitioners is to
direct the 1st respondent to take a decision on the said revision
petitions.
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After hearing the learned counsel for the petitioners
and the learned Government Pleader, I am inclined to dispose
of this writ petition. Accordingly, it is ordered that the 1 st
respondent shall take up Exts.P3, P6, P9, P12 and P15 and
appropriate orders thereon shall be passed in accordance with
law after hearing the petitioners and the 4 th respondent,
Manager. It is also directed that, while taking a decision,
Exts.P17 and P18 shall also be adverted to. Orders in this
regard shall be passed by following the timeline and
preferences mentioned in the G.O.(Ms).No.54/2024/GEDN
dated 01.06.2024.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/6.11.24
2024:KER:82365
APPENDIX OF WP(C) 39133/2024
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE APPOINTMENT ORDER
DATED 06.06.2019
Exhibit-P2 A TRUE COPY OF ISSUED ORDER
NO.B1/117285/2021 DATED 09.03.2022
Exhibit-P3 A TRUE COPY OF THE REVISION PETITION
DATED 03.10.2024
Exhibit-P3(a) A TRUE COPY OF POSTAL TRACK RECORD
Exhibit-P3(b) A TRUE COPY OF THE POSTAL RECEIPT
CORRESPONDING TO EXT.P3(A)
Exhibit-P4 A TRUE COPY OF THAT APPOINTMENT ORDER
DATED 06.06.2019
Exhibit-P5 A TRUE COPY OF THE ORDER DATED
11.04.2022 OF THE 3RD RESPONDENT
Exhibit-P6 A TRUE COPY OF THE REVISION PETITION
DATED 03.10.2024
Exhibit-P6(a) A TRUE COPY OF POSTAL ACKNOWLEDGEMENT
CARD
Exhibit-P7 A TRUE COPY OF THE APPOINTMENT ORDER
DATED 06.06.2019
Exhibit-P8 A TRUE COPY OF THE ORDER DATED
01.06.2022 OF THE 3RD RESPONDENT
Exhibit-P9 A TRUE COPY OF THE REVISION PETITION
DATED 03.10.2024
Exhibit-P9(a) A TRUE COPY OF POSTAL TRACK RECORD
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Exhibit-P9(b) A TRUE COPY OF THE POSTAL RECEIPT
CORRESPONDING TO EXT.P9(A)
Exhibit-P10 A TRUE COPY OF THE APPOINTMENT ORDER
DATED 06.06.2019
Exhibit-P11 A TRUE COPY OF THE ORDER DATED
24.09.2022 OF THE 3RD RESPONDENT
Exhibit-12 A TRUE COPY OF THE REVISION PETITION
DATED 03.10.2024
Exhibit-P12(a) A TRUE COPY OF POSTAL TRACK RECORD
Exhibit-P12(b) A TRUE COPY OF THE POSTAL RECEIPT
CORRESPONDING TO EXT.P12(A)
Exhibit-P13 A TRUE COPY OF THE APPOINTMENT ORDER
DATED 01.06.2018
Exhibit-P14 A TRUE COPY OF THE ORDER DATED
15.09.2021 OF THE 3RD RESPONDENT
Exhibit-P15 A TRUE COPY OF THE REVISION PETITION
DATED 03.10.2024
Exhibit-P15(a) A TRUE COPY OF POSTAL TRACK RECORD
Exhibit-P15(b) A TRUE COPY OF THE POSTAL RECEIPT
CORRESPONDING TO EXT.P15(A)
Exhibit-P16 A TRUE COPY OF GOVERNMENT ORDER NO G.O.
(P)NO.4/2021/G.EDN DATED 06.02.2021
Exhibit-P17 A TRUE COPY OF THE GOVERNMENT ORDER NO.
G.O.(RT)NO.1070/2023/GEDN DATED
06.02.2023
Exhibit-P18 A TRUE COPY OF G.O.(P)NO.7/2023/G.EDN
DATED 29.04.2023
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Exhibit-P19 A TRUE COPY OF GOVERNMENT LETTER
NO.GEDN-E1/46/2022-G.EDN DATED
16.05.2023
