Kerala High Court
Annamol Jaimon vs The State Of Kerala on 10 January, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:1878
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 10TH DAY OF JANUARY 2025 / 20TH POUSHA, 1946
WP(C) NO. 1011 OF 2025
PETITIONER
ANNAMOL JAIMON
AGED 31 YEARS
W/O BINTO PAUL THARAKAN,
HSA (MATHEMATICS) MRS VHSS, SOUTH MAZHUVANNUR,
ERNAKULAM DISTRICT
(RESIDING AT MADAPARAMBIL HOUSE, SOUTH
MAZHUVANNUR, ERNAKULAM DISTRICT,
PIN - 686669
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM,
PIN - 695014
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WP(C) NO.1011 of 2025
2
3 THE DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
ERNAKULAM @ KAKKANAD, PIN - 682030
4 THE DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER
MUVATTUPUZHA, ERNAKULAM,
PIN - 686661
5 THE MANAGER,
MRS VHSS, SOUTH MAZHUVANNUR,
ERNAKULAM DISTRICT, PIN - 686669
6 THE HEADMISTRESS,
MRS VHSS, SOUTH MAZHUVANNUR,
ERNAKULAM DISTRICT, PIN - 688666
SRI.SUNIL V.K.,SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.01.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO.1011 of 2025
3
JUDGMENT
Dated this the 10th day of January, 2025
The petitioner is appointed as HSA (Mathematics) in the
MRS VHSS, South Mazhuvannur against a promotion
vacancy with effect from 15.07.2021.
2. At the time of appointment of the petitioner, the
post of HSA (Mathematics) was not identified for physically
disabled candidates. The post of HSA (Mathematics) was
identified only in G.O.(P) No.7/2022/SJW dated 28.10.2022.
Hence, it cannot be said that the appointment of the petitioner
as HSA (Mathematics) on 15.07.2021 was in violation of any
of the provisions of the orders regarding appointment of
Persons with Disabilities.
3. Subsequent to the judgment in terms of G.O.(P)
No.111/2022/G.Edn dated 25.06.2022 and Erratum Order
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WP(C) NO.1011 of 2025
No.162/2022/G.Edn dated 19.09.2022, the Manager has set
apart the post of HSA (Natural Science) for physically
challenged incumbent and sought list from the Employment
Officer. Hence, the appointment of the petitioner is liable to be
approved on regular basis.
4. The District Educational Officer insists the Manager
to set apart the post of HSA (Mathematics) itself for physically
disabled candidate. The petitioner was appointed against the
said vacancy with effect from 15.07.2021. At that point of time,
the said post was not an identified post for physically disabled
candidate. Hence, it cannot be said that the appointment of
the petitioner was in violation of any of the orders in force.
5. The nature of approval granted as per Ext.P5 to the
extent it is subject to the appointment of persons with
disabilities is therefore legally unsustainable, contends the
petitioner. Counsel for the petitioner submits that in Ext.P5 it is
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further ordered to remit the arrears of salary in the Provident
Fund in terms of Circular No.7/2021 dated 21.01.2021. The
said Circular is not applicable in the case of the petitioner. It is
intended to apply to the existing approved teachers, who were
given a further approval with respect to their unapproved
earlier service. The petitioner is given approval with respect to
his current appointment. The petitioner filed Ext.P17 statutory
Revision Petition before the 1st respondent. As no orders are
passed on the Revision Petition, the petitioner is before this
Court filing the writ petition.
6. I have heard the learned counsel for the petitioner
and the learned Senior Government Pleader representing
respondents 1 to 4.
7. The limited prayer of the petitioner is to direct the
1st respondent to consider and pass orders on Ext.P17
Revision Petition filed by the petitioner. As Ext.P17 is a
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statutory Revision Petition, it would be only just and proper
that the 1st respondent considers the same and pass orders
thereon within a reasonable time.
The writ petition is accordingly disposed of directing the
1st respondent to consider Ext.P17 Revision Petition and pass
appropriate orders thereon adverting to Exts.P15 and P16
also, within a period of four months, after giving an opportunity
of hearing to the petitioner and other affected parties, if any.
Sd/-
N.NAGARESH
JUDGE
hmh
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WP(C) NO.1011 of 2025
APPENDIX OF WP(C) 1011/2025
PETITIONER'S EXHIBITS
Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 15.07.2021
Exhibit P-2 TRUE COPY OF LETTER NO. B1/25179/2021.
GEDN DATED 12.09.2022
Exhibit P-3 TRUE COPY OF ORDER NO. B1/218196/2022
DATED 02.03.2023
Exhibit P-4 TRUE COPY OF THE ORDER NO.
EC3/14595/2022/DGE DATED 01.07.2023
Exhibit P-5 TRUE COPY OF THE ORDER NO.
B1/50722/2023/GEDN DATED 23.11.2023
Exhibit P-6 TRUE COPY OF THE ROSTER SUBMITTED BY
THE MANAGER DATED NIL
Exhibit P-7 TRUE COPY OF THE REQUISITION SUBMITTED
BY THE MANAGER DATED NIL FOR THE POST
OF HSA( NATURAL SCIENCE)
Exhibit P-8 TRUE COPY OF THE ACKNOWLEDGMENT
RECEIPT DATED 01.07.2023
Exhibit P-9 TRUE COPY OF THE LETTER SUBMITTED BY
THE MANAGER BEFORE DEO DATED
07.07.2023
Exhibit P-10 TRUE COPY OF THE LETTER SUBMITTED BY
THE MANAGER BEFORE DEO DATED
01.08.2023
Exhibit P-11 TRUE COPY OF THE LETTER NO.
B1/1523/2023/DEO DATED 04.08.2023
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WP(C) NO.1011 of 2025
Exhibit P-12 TRUE COPY OF THE CIRCULAR NO.
H2/295299/2021/DGE DATED 23.11.2022
Exhibit P-13 TRUE COPY CIRCULAR NO.
H2/295299/2021/DGE DATED 21.07.2023
Exhibit P-14 TRUE COPY OF THE LETTER SUBMITTED BY
THE MANAGER BEFORE DEO DATED
13.09.2023
Exhibit P-15 TRUE COPY OF THE GO(RT) NO.
6244/2023/G.EDN DATED 17.10.2023
Exhibit P-16 TRUE COPY OF G O(RT) NO.
6272/2024/G.EDN DATED 24.09.2024
Exhibit P-17 TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE PETITIONER BEFORE THE
GOVERNMENT DATED 23.12.2024
Exhibit P-18 TRUE COPY OF THE CIRCULAR NO.
7/2021/FIN DATED 27.01.2021
