Bijykumar P.N vs State Of Kerala
2024 Latest Caselaw 27841 Ker

Kerala High Court

Bijykumar P.N vs State Of Kerala on 13 September, 2024

                                                2024:KER:70632

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

         THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

  FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946

                   WP(C) NO. 32603 OF 2024

PETITIONERS:

    1     BIJYKUMAR P.N.
          AGED 52 YEARS
          S/O NARAYANAN NAIR, NOW WORKING AS CLERK,
          N.S.S.H.S.S, MANAKKAD P.O., THODUPUZHA, IDUKKI
          DISTRICT, PIN - 685 608

    2     S.SUNILKUMAR
          AGED 53 YEARS
          S/O SOMASUNDARAM PILLAI, CLERK, N.S.S.H.S.S
          VARAPETTY, KOTHAMANGALAM, ERNAKULAM DISTRICT,
          PIN - 686 691

          BY ADVS.
          PAULSON THOMAS
          HARI KUMAR M.P.




RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
          EDUCATION DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695 001

    2     THE DIRECTOR OF GENERAL EDUCATION
          DIRECTORATE OF GENERAL EDUCATION DEPARTMENT,
          GOVERNMENT OF KERALA, JAGATHY, THIRUVANANTHAPURAM,
          PIN - 695 005

    3     DISTRICT EDUCATIONAL OFFICER
          OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
          THODUPUZHA, PIN - 685 584
   WP(C) No.32603 of 2024

                                                   2024:KER:70632
                                   2
    4        DISTRICT EDUCATIONAL OFFICER
             OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
             KOTHAMANGALAM, PIN - 686 691

    5        GENERAL MANAGER AND INSPECTOR NSS SCHOOLS
             OFFICE OF THE NAIR SERVICE SOCIETY, PERUNNA,
             CHANGANACHERRY, KOTTAYAM, PIN - 686 102

             ADV NISHA BOSE-SR GP


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.09.2024,     THE   COURT   ON    THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
   WP(C) No.32603 of 2024

                                                2024:KER:70632
                                 3
                           JUDGMENT

The petitioners were promoted as clerks while

working as FTM in the school managed by the 5th

respondent. The grievance of the petitioners is that, they

were not granted their eligible 3rd higher grade promotion on

completing 22 years of service. Being aggrieved, the

petitioners submitted Exts.P7 and P8 revision petitions,

which are now pending before the 1st respondent. The

limited prayer sought by the petitioner is to direct the 1st

respondent to pass orders 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 1st respondent shall take up Exts.P7 and Ext.P8 revision

petitions and appropriate orders thereon shall be passed in

accordance with law after hearing the petitioners, 5th

2024:KER:70632

respondent and the affected parties. The orders in this regard

shall be passed by following the timeline and priorities

contemplated in Government Order GO(MS) 54/2024/GEDN

Dated 01.06.2024. While considering the issue, the Ext.P5

order shall also be adverted to.

Sd/-

ZIYAD RAHMAN A A JUDGE

AKH

2024:KER:70632

APPENDIX OF WP(C) 32603/2024

PETITIONER EXHIBITS

EXHIBIT-P1 TRUE COPY OF THE STATEMENT OF FIXATION CLAIMING HIGHER GRADE WITH EFFECT FROM 24/2/2021 DATED 27/12/2023 SUBMITTED BY THE 1ST PETITIONER.

EXHIBIT-P1(a) TRUE COPY OF THE OPTION FORM SUBMITTED ALONG WITH EXHIBIT P-1 DATED 27-12-2023.

EXHIBIT-P2 TRUE COPY OF LETTER NO. DEOTDP/20/2024-B5 DATED 30/01/2024 ISSUED BY THE DEO, THODUPUZHA.

EXHIBIT-P3 TRUE COPY OF THE STATEMENT OF FIXATION CLAIMING HIGHER GRADE WITH EFFECT FROM 08/08/2021 DATED 21/12/2023 SUBMITTED BY THE 2ND PETITIONER.

EXHIBIT-P3(a) TRUE COPY OF THE OPTION FORM SUBMITTED ALONG WITH EXHIBIT P-3 DATED 21-12-2023.

EXHIBIT-P4 TRUE COPY OF LETTER NO. DEOKMG/29/2024/B3 DATED 31/01/2024 ISSUED BY THE DEO, KOTHAMANGALAM.

EXHIBIT-P5 TRUE COPY OF GO(RT.) NO. 5239/2023/G.EDN DATED 18/9/2023.

EXHIBIT-P6 TRUE COPY OF THE JUDGMENT DATED 8/12/2022 IN W.P.(C) NO. 39679/2022 OF THIS HON'BLE COURT.

EXHIBIT-P7 TRUE COPY OF THE REVISION PETITION DATED 9/8/2024 FILED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT WITHOUT EXHIBITS.

EXHIBIT-P8 TRUE COPY OF THE REVISION PETITION DATED 9/8/2024 FILED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT WITHOUT ANNEXURES.