Kerala High Court
Baiju C.S vs The State Of Kerala on 5 September, 2024
2024:KER:68662
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
WP(C) NO. 31327 OF 2024
PETITIONER/S:
1 BAIJU C.S
AGED 50 YEARS
S/O SUKUMARAN HSA (SOCIAL SCIENCE) SDVHSS,
PERAMANGALAM, THRISSUR DISTRICT- 680545 (RESIDING
AT CHITTAZHIKKARA HOUSE, PERAMANGALAM(P.O) THRISSUR
DISTRIC, PIN - 680545
2 SREEDEVI K
AGED 40 YEARS
W/O VASUDEVAN M, HSA (NATURAL SCIENCE), SDVHSS,
PERAMANGALAM, THRISSUR DISTRICT- 680545
(MERUVANCHERY HOUSE, AMBALAPAD POST, KUNDUKAD,
THRISSUR DISTRICT), PIN - 680545
BY ADV P.A.JENZIA
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS 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, AYANTHOL, THRISSUR DISTRICT, PIN -
680003
WP(C) No.31327 of 2024
2 2024:KER:68662
4 THE DISTRICT EDUCATIONAL OFFICER
PALACE RD, CHEMBUKKAV, THRISSUR DISTRICT, PIN -
680020
5 THE MANAGER
SDVHSS, PERAMANGALAM, THRISSUR DISTRICT, PIN -
680545
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.31327 of 2024
3 2024:KER:68662
P.M. MANOJ, J
-----------------------------------
W.P.(C) No.31327 of 2024
----------------------------------------------
Dated this the 5th day of September, 2024
JUDGMENT
Petitioners are aggrieved by the non-approval of their
promotion on the basis of condition prescribed in G.O.(P)
No.10/10/Gen.Edn. dated 07.01.2010. Being aggrieved by that
the petitioners have preferred Exts.P5 and P6 representations,
which are yet to be considered by the 1st respondent.
2. It is stated by the petitioners that they were
appointed as UPSA with effect from 24.10.2001 and 01.06.2005
respectively and their appointments were approved. While
continuing so, the petitioners were promoted against additional
posts as HSA (Social Science) and HSA (Natural Science) with
effect from 01.06.2010. However, due to the imposition of ban,
promotions of the petitioners were not approved. Later, the
promotions of the petitioners were approved only since
01.06.2011 in the light of G.O.(P) No.10/10/Gen.Edn. dated
07.01.2010.
4 2024:KER:68662
3. It is contended by the petitioners that, there is no
requirement for execution of bond as contemplated in G.O.(P)
No.10/10/Gen.Edn. dated 07.01.2010 by the Manager. In this
regard, the petitioners pointed out that already similar issue has
been decided by Ext.P7 judgment and Exts.P8 and P9 orders.
Therefore, the petitioners have preferred Exts.P5 and P6 against
the non-approval of their promotion.
4. It is stated that though the revisions were preferred
in the month of July, and it were not yet considered by the
1st respondent.
5. I have heard Sri.M.Sajjad, the learned counsel for the
petitioners and Sri.Premchand R. Nair, the learned Government
Pleader for respondents 1 to 4. On considering the limited
nature of prayer sought in the writ petition, notice to the 5 th
respondent is dispensed with.
6. On considering the earlier decision taken by this
Court in Ext.P7 judgment and also on considering the orders
passed by the Government as per Exts.P8 & P9, there will be a
direction to the 1st respondent to consider and pass appropriate
orders on Exts.P5 and P6 revisions submitted by petitioners 1
5 2024:KER:68662
and 2 respectively, after affording an opportunity of hearing to
them as well as the Manager and the other Educational
Authorities within a period of four months from the date of
receipt of a certified copy of this judgment.
The writ petition is disposed of as above.
Sd/-
P.M. MANOJ
JUDGE
SSS
6 2024:KER:68662
APPENDIX OF WP(C) 31327/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF
THE 1ST PETITIONER DATED 24.10.2001
ALONG WITH APPROVAL RECORDED THEREON
Exhibit P-2 TRUE COPY OF THE APPOINTMENT ORDER OF
THE 1ST PETITIONER DATED 01.06.2010
ALONG WITH APPROVAL RECORDED THEREON
Exhibit P-3 TRUE COPY OF THE APPOINTMENT ORDER OF
THE 2ND PETITIONER DATED 01.06.2005
Exhibit P-4 TRUE COPY OF THE APPOINTMENT ORDER OF
THE 2ND PETITIONER DATED 01.06.2010
ALONG WITH APPROVAL RECORDED THEREON
Exhibit P-5 TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE 1ST PETITIONER BEFORE
THE GOVERNMENT DATED 20.07.2024
Exhibit P-6 TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE 2ND PETITIONER BEFORE
THE GOVERNMENT DATED 24.07.2024
Exhibit P-7 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO. 8635/2012 DATED 14.10.2019
Exhibit P-8 TRUE COPY OF THE G.O.(RT) NO.
45/2020/G.EDN. DATED 03.01.2020
Exhibit P-9 TRUE COPY OF THE
G.O.(RT)NO.502/2020/G.EDN. DATED
25.01.2020
Exhibit P-10 TRUE COPY OF THE JUDGMENT IN W.A. NO.
2290/2015 DATED 25.07.2017
7 2024:KER:68662
Exhibit P-11 TRUE COPY OF THE JUDGMENT IN
W.A.NO.2091/2018 DATED 28.06.2019
