Kerala High Court
Kannan Sreekumar vs State Of Kerala on 8 November, 2024
2024:KER:83637
WP(C) NO. 39381 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA,
1946
WP(C) NO. 39381 OF 2024
PETITIONER:
KANNAN SREEKUMAR
AGED 37 YEARS
S/O. B. SREEKUMAR, SREEVIHAR, MILLENIUM ROAD,
MANNUTHY P.O., THRISSUR, (WORKING AS HSST
(JUNIOR) IN ENGLISH, AMHSS, CHEMMANNOOR,
THRISSUR), PIN - 680651
BY ADVS.
M.S.RADHAKRISHNAN NAIR
ELIZEBATH GEORGE
SATHY C.B.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR OF GENERAL
EDUCATION,POOJAPPURA, THIRUVANANTHAPURAM,
PIN - 695001
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WP(C) NO. 39381 OF 2024
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3 THE REGIONAL DEPUTY DIRECTOR
HIGHER SECONDARY EDUCATION, OFFICE OF THE
REGIONAL DEPUTY DIRECTOR, CIVIL STATION,
KAKKANAD, ERNAKULAM, PIN - 682022
ADV. V.K. SUNIL, SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner was appointed as HSST (Junior) in
English in AMHSS, Chemmannoor, Thrissur on 13.3.2024. The
approval of appointment was granted on the condition that the
petitioner shall acquire B.Ed. degree within 5 years from the date
of entry in service. It is claimed by the petitioner that he obtained
B.Ed degree within the period specified above.
2. The case of the petitioner is that, even though
the post of the petitioner is to be upgraded as HSST taking note of
the workload available in school, the same has not been granted
on the reason that as on the date of the appointment the petitioner
was not having any B.Ed qualification. The petitioner places
reliance upon Ext.P2 Government order granting upgradation of
the post in similar circumstances in respect of another Teacher.
The petitioner seeks similar treatment that was given to the
Teacher covered by Ext.P2. In such circumstances, the petitioner
submitted Ext.P4 before the 1st respondent, and the limited prayer
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WP(C) NO. 39381 OF 2024
sought by the petitioner is to direct the 1 st respondent to take a
decision thereon within a time frame.
After hearing the learned Counsel for the petitioner 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 Ext.P4 and appropriate orders thereon shall be passed in
accordance with law, after hearing the petitioner and the affected
parties, if any. The decision in this regard shall be taken within a
period of four months from the date of receipt of a copy of this
judgment. While taking a decision, Ext.P2 order passed in similar
circumstances shall also be taken note of.
Sd/-
ZIYAD RAHMAN A.A., JUDGE
scs
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WP(C) NO. 39381 OF 2024
APPENDIX OF WP(C) 39381/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LETTER NO.
RDDHSE/EKM/6050/2022-B3 SENT BY THIRD
RESPONDENT DATED 14.5.2024
Exhibit P2 TRUE COPY OF THE G.O.(MSZ) NO.
7899/2023/HEDN DATED 12.12.2023
Exhibit P3 TRUE COPY OF THE REPRESENTATION FILED
BY THE PETITIONER BEFORE THE SECOND
RESPONDENT DATED 10.6.2024
Exhibit P4 TRUE COPY OF THE REPRESENTATION FILED
BY PETITIONER BEFORE THE FIRST
RESPONDENT DATED 12.8.2024
Exhibit P5 TRUE COPY OF THE LETTER SENT BY FIRST
RESPONDENT TO SECOND RESPONDENT NO.
H3/302/2024/HEDN. DATED 19.9.2024
