Kerala High Court
Baiju V A vs The State Of Kerala on 12 November, 2024
2024:KER:84167
WP(C) NO. 39846 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 12TH DAY OF NOVEMBER 2024 / 21ST KARTHIKA,
1946
WP(C) NO. 39846 OF 2024
PETITIONER:
BAIJU V A
AGED 48 YEARS
SON OF AUGUSTHY, HIGHER SECONDARY SCHOOL
TEACHER (JUNIOR) BOTANY, FR. G K M HIGHER
SECONDARY SCHOOL, KANIYARAM, MANANTHAVADY,
WAYANAD DISTRICT, PIN - 670645
BY ADV V.A.MUHAMMED
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
(HIGHER SECONDARY EDUCATION WING),
NEW BUILDING, ULLOOR LANE, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695014
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER
SECONDARY EDUCATION, THEKKEPPURAM, KUTTICHIRA,
KOZHIKODE DISTRICT, PIN - 673001
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WP(C) NO. 39846 OF 2024
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4 THE DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
WAYANAD @ KALPETTA, PIN - 673121
5 THE CORPORATE MANAGER
DIOCESE OF MANANTHAVADY, PASTORAL CENTRE,
MANANTHAVADY, WAYANAD DISTRICT, PIN - 670645
6 THE PRINCIPAL
FR. G K M HIGHER SECONDARY SCHOOL, KANIYARAM,
MANANTHAVADY, WAYANAD DISTRICT, PIN - 670645
7 THE HEADMASTER/VICE PRINCIPAL
FR. G K M HIGHER SECONDARY SCHOOL, KANIYARAM,
MANANTHAVADY, WAYANAD DISTRICT, PIN - 670645
BY ADV
ADV. VENUGOPAL.V, G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO. 39846 OF 2024
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JUDGMENT
The petitioner while working as HSA (Natural Science) in
one of the schools managed by the 5th respondent was promoted as
HSST with effect from 01.07.2024. However, approval of the said
appointment was rejected by the 3rd respondent as per Ext.P5. Being
aggrieved, the petitioner submitted Ext.P11 appeal before the 2 nd
respondent, which is now pending consideration. The limited
prayer sought by the petitioner is to direct the 2 nd respondent to take
a decision on the said appeal and also to grant salary to the
petitioner on the lower scale until such a decision is taken.
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 2 nd respondent
shall take up Ext.P11 appeal and appropriate orders thereon shall be
passed in accordance with law after hearing petitioner, respondents
5, 6 and other affected parties, if any. A decision in this regard
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WP(C) NO. 39846 OF 2024
shall be taken within a period of two months from the date of
receipt of a copy of this judgment. Till such a decision is taken, the
respondents 2,3,4 and 7 shall ensure that, salary of the petitioner in
the lower scale, namely HSA, is released without any delay. The
current shall be disbursed immediately and the arrears of salary
shall be disbursed within a period of two months.
Sd/-
ZIYAD RAHMAN A.A., JUDGE
scs
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WP(C) NO. 39846 OF 2024
APPENDIX OF WP(C) 39846/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER
DATED 01.06.2010 ALONG WITH APPROVAL
RECORDED THEREON
Exhibit P-2 TRUE COPY OF THE APPOINTMENT
(PROMOTION) ORDER DATED 04.06.2012
ALONG WITH APPROVAL RECORDED THEREON
Exhibit P-3 TRUE COPY OF THE M.SC CERTIFICATE
DATED 29.12.2016 ISSUED BY THE
BHARATHIAR UNIVERSITY
Exhibit P-3 (a) TRUE COPY OF THE MARK LIST DATED
06.04.2015
Exhibit P-4 TRUE COPY OF THE APPOINTMENT ORDER
DATED 01.07.2024
Exhibit P-5 TRUE COPY OF THE ORDER NO.
RDDHSE/KKD/3416/2024-CLK-HG(A5) DATED
15.10.2024 OF THE RDD HSE, KOZHIKODE
Exhibit P-6 TRUE COPY OF THE ONLINE RTI REQUEST
FORM DETAILS
Exhibit P-6 (a) TRUE COPY OF THE ONLINE RTI STATUS
FORM
Exhibit P-7 TRUE COPY OF THE DECISION REPORTED IN
2011 (3) KHC 65 (STATE OF KERALA AND
OTHERS V. THULASIBAI AND OTHERS
DECIDED ON 27.06.2011
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WP(C) NO. 39846 OF 2024
Exhibit P-8 TRUE COPY OF THE DECISION REPORTED IN
2005 KHC 43 (RAJAN V. STATE OF KERALA)
DECIDED ON 09.12.2004
Exhibit P-9 TRUE COPY OF THE DECISION REPORTED IN
2001 KHC 503 (MURALEEDHARAN V. STATE
OF KERALA) DECIDED ON 21.05.2001
Exhibit P-10 TRUE COPY OF THE DECISION REPORTED IN
2000 KHC 635 (SUBRAMANIAN V. STATE OF
KERALA) DECIDED ON 08.08.2000
Exhibit P-11 TRUE COPY OF THE APPEAL PETITION
SUBMITTED BEFORE THE 2ND RESPONDENT
DATED 01.11.2024
Exhibit P-12 TRUE COPY OF THE G.O. (RT.) NO.
4314/98/G.EDN. DATED 05.11.1998
Exhibit P-13 TRUE COPY OF THE JUDGMENT IN W.P. (C)
NO. 32084/2017 DATED 09.10.2017
Exhibit P-14 TRUE COPY OF THE JUDGMENT IN W.P. (C)
NO. 33755/2016 DATED 07.12.2016
Exhibit P-15 TRUE COPY OF THE JUDGMENT IN W.P. (C)
NO. 12844/2024 DATED 01.04.2024
Exhibit P-16 TRUE COPY OF THE JUDGMENT IN W.P. (C)
NO. 22304/2018 DATED 04.07.2018
