Kerala High Court
Abhijith vs The State Of Kerala on 14 February, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:12482
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 14TH DAY OF FEBRUARY 2025 / 25TH MAGHA, 1946
WP(C) NO. 42193 OF 2024
PETITIONER:
ABHIJITH
AGED 21 YEARS, S/O.RAJEEV,
OFFICE ATTENDANT, V K N M VOCATIONAL HIGHER
SECONDARY SCHOOL VAYYATTUPUZHA,
PATHANAMTHITTA, PIN - 689663.
BY ADVS.
V.A.MUHAMMED
PRESAD V.G.
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
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014.
W.P.(C)No.42193 of 2024
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3 THE DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
CIVIL STATION, PATHANAMTHITTA DISTRICT,
PIN - 689645.
4 THE MANAGER
V K N M VOCATIONAL HIGHER SECONDARY SCHOOL,
VAYYATTUPUZHA, PATHANAMTHITTA DISTRICT,
PIN - 689663.
5 THE HEADMASTER
V K N M VOCATIONAL HIGHER SECONDARY SCHOOL,
VAYYATTUPUZHA, PATHANAMTHITTA DISTRICT,
PIN - 689663.
BY ADV.SMT. ANIMA M., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.02.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.42193 of 2024
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2025:KER:12482
JUDGMENT
Dated this the 14th day of February, 2025
The petitioner was appointed as Office Attendant on
01.02.2022. The proposal for approval to the appointment was
uploaded through 'Samanwaya'. Approval to the appointment is
not, however, materialized so far.
2. The petitioner states that the appointment was
made against a retirement vacancy and no statutory claimant
was overlooked while making the appointment. Hence, it could
be approved in the light of Exts.P1(a) and P1(b). It is true that
there had been management dispute over the election of new
Manager for the School. But it cannot affect the appointment in
view of Rule 9 Chapter XIV-A of Kerala Education Rules. The
position is very clear from the judgments of this Court as also
from Exts.P6 to P12 Government Orders.
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3. The petitioner moved the Government.
Pursuant to the judgment in W.P.(C) No.3368 of 2024, the issue
was examined by the Government and resolved with directions
to the District Educational Officer to grant approval to the
petitioner ensuring that vacancies are set apart for Protected
Teacher and Persons with Disabilities. The order was issued by
the Government on 06.06.2024. But, the order has not been
implemented by the District Education Officer. The petitioner is
in service for more than 30 months but without salary for want
of approval, contends the petitioner.
4. I have heard the learned Counsel for the
petitioner and the learned Government Pleader representing
respondents 1 to 3. Notice to respondents 4 and 5 is dispensed
with in view of the nature of the relief to be granted in this writ
petition.
5. The grievance of the petitioner is that in spite
of Ext.P13 order passed by the Government on 06.06.2024, the
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3rd respondent is not passing consequential order approving the
appointment.
6. Government Pleader would submit that there
is a Rule 43 claimant in the School and this aspect will also
have to be considered by the District Educational Officer while
passing any order consequent to Ext.P13.
7. Be that as it may, the District Educational
Officer has to pass an order pursuant to Ext.P13 within a
reasonable time, so that if the petitioner is aggrieved by the said
order, he can take up the matter statutorily.
In the circumstances, the writ petition is disposed of
directing the 3rd respondent to pass consequential orders
pursuant to Ext.P13 within a period of four weeks.
Sd/-
N. NAGARESH
JUDGE
ams
2025:KER:12482
APPENDIX OF WP(C) 42193/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER
DATED 01.02.2022
Exhibit P-1 (a) TRUE COPY OF THE G.O. (P) NO.
3/2019/G.EDN. DATED 28.02.2019
Exhibit P-1 (b) TRUE COPY OF THE CIRCULAR NO.
J2/57/2019/G.EDN. DATED 08.03.2019
Exhibit P-2 TRUE COPY OF THE PROPOSAL FOR APPROVAL
TO EXHIBIT P-1 WAS UPLOADED THROUGH
‘SAMANWYA WEB PORTAL
Exhibit P-3 TRUE COPY OF THE LETTER NO.
B3/34037/2022 DATED 22.03.2022 OF THE
DEO, PATHANAMTHITTA
Exhibit P-4 TRUE COPY OF THE REPRESENTATION DATED
01.01.2024 SUBMITTED BEFORE THE
GOVERNMENT
Exhibit P-5 TRUE COPY OF THE LETTER NO. G.EDN.JR-
1/502/2023/G.EDN. DATED 01.11.2023
Exhibit P-6 TRUE COPY OF THE DECISION REPORTED IN
1997 KHC 444=1997 (2) KLT 725
(PADMANABHAN NAMBIAR V. GOVERNMENT OF
KERALA)
Exhibit P-7 TRUE COPY OF THE DECISION REPORTED IN
2002 KHC 88=2002 (1) KLT 406 (MANAGER,
ST. MARY'S H.S. V. BEJI ABRAHAM)
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Exhibit P-8 TRUE COPY OF THE DECISION REPORTED IN
2007 KHC 3371=2007 (1) KLT 127 (G.
SOMANATHA PILLAI V. STATE OF KERALA AND
OTHERS)
Exhibit P-9 TRUE COPY OF THE G.O. (RT.) NO.
1818/2019/G.EDN. DATED 21.05.2019
Exhibit P-10 TRUE COPY OF THE G.O. (RT.) NO.
4503/2019/G.EDN. DATED 29.10.2019
Exhibit P-11 TRUE COPY OF THE G.O. (RT.) NO.
5048/2019/G.EDN. DATED 23.11.2019
Exhibit P-12 TRUE COPY OF THE JUDGMENT IN W.P. (C)
NO. 3368/2024 DATED 29.01.2024
Exhibit P-13 TRUE COPY OF THE G.O. (RT.) NO.
3660/2024/GEDN DATED 06.06.2024
