Kerala High Court
Aravind P vs The State Of Kerala on 7 January, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:585
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 7TH DAY OF JANUARY 2025 / 17TH POUSHA, 1946
WP(C) NO. 220 OF 2025
PETITIONER:
ARAVIND P
AGED 33 YEARS
SON OF T.M. PURUSHOTHAMAN NAIR,
UPPER PRIMARY SCHOOL TEACHER,
S M V HIGHER SECONDARY SCHOOL, POONJAR,
KOTTAYAM DISTRICT, PIN - 686581.
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, THIRUVANANTHAPURAM, PIN - 695001.
2 THE DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014.
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3 THE DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
VAYASKARAKUNNU, PULIMOODU JUNCTION,
KOTTAYAM, PIN - 686001.
4 THE DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
KANJIRAPPALLY, KOTTAYAM, PIN - 686507.
5 THE MANAGER
S M V HIGHER SECONDARY SCHOOL, POONJAR,
KOTTAYAM DISTRICT, PIN - 686581.
6 THE PRINCIPAL
S M V HIGHER SECONDARY SCHOOL, POONJAR,
KOTTAYAM DISTRICT, PIN - 686581.
7 THE HEADMASTER/VICE PRINCIPAL
S M V HIGHER SECONDARY SCHOOL, POONJAR,
KOTTAYAM DISTRICT, PIN - 686581.
8 SMT. K.J. GAYATHRI DEVI
HIGH SCHOOL TEACHER (NATURAL SCIENCE),
S M V HIGHER SECONDARY SCHOOL, POONJAR,
KOTTAYAM DISTRICT, PIN - 686581.
9 SMT. G. YAMUNA
HIGH SCHOOL TEACHER (NATURAL SCIENCE),
S M V HIGHER SECONDARY SCHOOL, POONJAR,
KOTTAYAM DISTRICT, PIN - 686581.
BY ADV.SRI.VENUGOPAL V., SR.GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.01.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 7th day of January, 2025
The petitioner was appointed as UPST from 01.08.2019
against the promotion vacancy of the 8 th respondent as HST
(Natural Science). The appointment was approved on daily
wage basis up to 31.03.2020. Later, the petitioner was
appointed as UPST from 15.07.2021 against the same
promotion vacancy of the 8th respondent. It was also
approved from 21.10.2021, the date of passing KTET
onwards.
2. The 8th respondent was initially promoted as HST
(Natural Science) from 01.11.2013 against the LWA vacancy
of the 9th respondent who availed LWA from 31.10.2013 to
30.10.2018. It was approved up to 31.05.2018. The 9 th
respondent extended the LWA for a further period from
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WP(C) NO.220 of 2025
01.11.2018 to 31.05.2023. The 8th respondent was again
promoted in the vacancy from 01.06.2018 to 31.05.2023. Its
approval was granted up to 31.05.2020 since the 9 th
respondent rejoined duty on 01.06.2020 cancelling the
unavailed portion of leave.
3. As a result, the 8th respondent was reverted as
UPST from 01.06.2020. This reversion and lien adjustment
was made during the period of Covid-19 pandemic. At that
time, Schools were not opened. Hence, both the 8 th
respondent and the petitioner were continued in the HSA and
UPSA posts discharging the duties.
4. On 01.06.2020, there arose a vacancy of HSA
(Natural Science) due to the retirement of Smt.S.Jalaja on
31.5.2020. Hence, either the 8th respondent or the 9th
respondent could be adjusted against the retirement vacancy
of HSA (Natural Science) since 01.06.2020 without causing
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WP(C) NO.220 of 2025
recorded retrenchment of the petitioner from the category of
UPST as on 01.06.2020.
5. Besides, the permission granted to the 9th
respondent to rejoin duty after cancelling the unavailed portion
of LWA by 01.06.2020 when the Schools were closed due to
Covid Lockdown was per se illegal. All these issues are raised
before the Government. The 8th respondent also filed Revision
Petition. Both of the revisions are pending. Undue delay in its
consideration would cause undue hardship to the petitioner,
contend the Counsel for the petitioner.
6. Against the non-grant of approval to the
appointment of the petitioner from 01.08.2019 onwards on
scale of pay basis, the petitioner has filed Ext.P10 Revision
Petition. It is evident from the pleadings that against his
reversion, the 8th respondent also has filed Revision Petition
as per Ext.P11.
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7. Considering the facts of the case, I find that it
would be only appropriate that the 1 st respondent considers
Ext.P10 Revision Petition filed by the petitioner expeditiously.
Accordingly, the writ petition is disposed of directing the
1st respondent to consider Ext.P10 Revision Petition and take
appropriate decision thereon within a period of four months,
after giving opportunity of hearing to the petitioner and other
affected parties. If the 1st respondent finds that Ext.P11
Revision Petition is also to be considered along with Ext.P10
Revision Petition, the 1st respondent will be at liberty to do so.
Sd/-
N.NAGARESH
JUDGE
ams
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APPENDIX OF WP(C) 220/2025
PETITIONER'S EXHIBITS
Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER
DATED 01.11.2023
Exhibit P-2 TRUE COPY OF THE ORDER NO.
B4/107968/2020 DATED 18.07.2022 OF THE
4TH RESPONDENT
Exhibit P-3 TRUE COPY OF THE ORDER NO.
B4/132905/2023 DATED 26.06.2023 OF THE
4TH RESPONDENT (IN-CHARGE)
Exhibit P-4 TRUE COPY OF THE APPOINTMENT ORDER
DATED 01.08.2019
Exhibit P-5 TRUE COPY OF THE ORDER NO.
ET3/232217/2020 DATED 28.06.2022 OF
THE ADDITIONAL DIRECTOR (GENERAL)
ATTACHED TO THE OFFICE OF THE 2ND
RESPONDENT
Exhibit P-6 TRUE COPY OF THE ORDER NO.
B4/110177/2020 DATED 07.11.2022 ISSUED
BY THE 4TH RESPONDENT
Exhibit P-7 TRUE COPY OF THE ORDER NO.
B4/723315/2024 DATED 30.05.2024 OF THE
4TH RESPONDENT
Exhibit P-8 TRUE COPY OF THE ORDER NO. B4/583/23
DATED 19.04.2023 OF THE DEO,
KANJIRAPPALY
Exhibit P-9 TRUE COPY OF THE LETTER ADDRESSED THE
MANAGER TO REGULARIZE THE LIEN OF SMT.
GAYATHI DEVI FROM 01.06.2020 TO
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WP(C) NO.220 of 2025
14.07.2021 NOTIONALLY IN ORDER TO
REGULARIZE HIS LIEN PERIOD OF SERVICE
FROM 01.08.2019 TO 31.05.2020 AND FROM
1.6.2020 ONWARDS VIDE LETTER DATED
12.09.2024
Exhibit P-10 TRUE COPY OF THE REVISION PETITION
DATED 10.10.2024 SUBMITTED BEFORE THE
1ST RESPONDENT
Exhibit P-11 TRUE COPY OF THE REVISION PETITION
DATED 07.10.2024 FILED BY THE 8TH
RESPONDENT
