Kerala High Court
Sony Thomas vs The State Of Kerala on 23 October, 2024
2024:KER:79151
WP(C) NO. 36990 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 23RD DAY OF OCTOBER 2024 / 1ST KARTHIKA,
1946
WP(C) NO. 36990 OF 2024
PETITIONER:
SONY THOMAS
AGED 42 YEARS
S/O THOMAS ANTONY HSST JR. POLITICAL SCIENCE
ST.AUGUSTINES HIGHER SECONDARY SCHOOL,
RAMAPURAM,PALA, KOTTAYAM DISTRICT - 686576
(RESIDING AT ALAPPATTUKUNNEL, PLASSANAL,
PANAKKAPPALAM, KOTTAYAM DISTRICT), PIN - 686579
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
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
NEW BUILDINGS, ULLOOR LANE,
JAGATHY,THIRUVANANTHAPURAM, PIN - 695014
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION
KOTTAYAM DISTRICT, PIN - 686001
4 THE CORPORATE MANAGER
CORPORATE EDUCATIONAL AGENCY, DIOCESE OF PALA,
SHALOM PASTORAL CENTRE, PALA, KOTTAYAM DISTRICT,
PIN - 686575
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WP(C) NO. 36990 OF 2024
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5 THE PRINCIPAL
ST.AUGUSTINE'S HIGHER SECONDARY SCHOOL,
RAMAPURAM, PALA, KOTTAYAM DISTRICT, PIN - 686576
OTHER PRESENT:
Adv V Venugopal- PP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO. 36990 OF 2024
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ZIYAD RAHMAN A.A , J
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W.P.(C) No.36990 of 2024
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Dated this the 23rd day of October, 2024
JUDGMENT
The petitioner, was appointed as HSST (Jr) in Political
Science in the 5th respondent School for the period from
24.08.2019 to 05.07.2021, which was approved as well.
Thereafter, the petitioner was appointed against a regular
vacancy from 06.10.2022 onwards as HSST (Jr) in the 5 th
respondent School. However, the approval was granted only on
daily wages, that too subject to the appointment of differently
abled persons. According to the petitioner, he is entitled to
approval on scale of pay basis.
2. In such circumstances, challenging the orders
issued in this regard by the Educational Authorities, the
petitioner submitted Ext.P14 revision petition, which is now
pending before the 1st respondent. The 4th respondent Manager
has also submitted another revision petition for the same
purpose, which is Ext.P6. The limited prayer sought by the
petitioner is to direct the 1st respondent to take a decision
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WP(C) NO. 36990 OF 2024
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 Exts.P6 and P14, and appropriate orders thereon shall
be passed after hearing the petitioner the 4 th and 5th
respondent and the other affected parties if any. The orders
shall be passed by following the timeline and priorities
contemplated in G.O. (Ms)No.54/2024/GEDN dated 01.06.2024.
Sd/-
ZIYAD RAHMAN A.A,
JUDGE
GBG
2024:KER:79151
WP(C) NO. 36990 OF 2024
APPENDIX OF WP(C) 36990/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE MINUTES OF THE
COMMITTEE FOR SELECTION OF JR. HSSTS IN
POLITICAL SCIENCE DATED 21.08.2019
Exhibit P-2 TRUE COPY OF THE PROCEEDINGS OF THE
MANAGER, VIDE NO.HSE/51/2019 DATED
24.08.2019
Exhibit P-3 TRUE COPY OF THE ORDER OF THE RDDHSE,
KOTTAYAM VIDE ORDER
NO.A4/5863/2019/RDD/HSE DATED
20.07.2021
Exhibit P-4 TRUE COPY OF THE MEMO VIDE
NO.HSE/64/2022 DATED 06.10.2022
Exhibit P-5 TRUE COPY OF THE ORDER OF THE RDD HSE,
KOTTAYAM VIDE ORDER
NO.RDDHSE/KTM/2251/2023-A4 DATED
04.03.2024
Exhibit P-6 TRUE COPY OF THE LETTER OF THE
CORPORATE MANAGER ADDRESSING THE
SECRETARY VIDE NO.HSE/64/2023 DATED
29.07.2024
Exhibit P-7 TRUE COPY OF THE G.O.
(RT).NO.2281/2017/GEDN DATED 11.07.2017
Exhibit P-8 TRUE COPY OF THE
G.O.(RT).NO.342/2018/GEDN DATED
19.01.2018
Exhibit P-9 TRUE COPY OF THE G.O.
(RT).NO.2696/2023/GEDN DATED 29.04.2023
Exhibit P-10 TRUE COPY OF THE LETTER OF THE
PRINCIPAL SECRETARY VIDE
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WP(C) NO. 36990 OF 2024
NO.JA2/62/2023/GEDN DATED 01.07.2023
Exhibit P-11 TRUE COPY OF THE G.O.
(RT).NO.6025/2023/GEDN DATED 10.10.2023
Exhibit P-12 TRUE COPY OF THE LETTER OF THE
PRINCIPAL SECRETARY VIDE
NO.A2/128/2023/GEDN DATED 07.04.2024
Exhibit P-13 TRUE COPY OF THE
G.O.MS.NO.111/2022/GEDN DATED
25.06.2024
Exhibit P-14 TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE PETITIONER BEFORE THE
GOVERNMENT DATED 10.01.2024
