Kerala High Court
Sahadevab.T.K vs State Of Kerala on 18 June, 2025
WA Nos.669, 657 & 650 of 2022
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2025:KER:43445
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
WEDNESDAY, THE 18TH DAY OF JUNE 2025 / 28TH JYAISHTA, 1947
WA NO. 669 OF 2022
AGAINST THE JUDGMENT DATED 21.06.2021 IN WP(C) NO.18816 OF 2020 OF
HIGH COURT OF KERALA
APPELLANTS/WRIT PETTIONERS 1 AND 2 IN W.p.(C):
1 SHYJU DAS.P,
AGED 49 YEARS
SON OF P.K. DASAN OFFICE ATTENDENT, ADDITIONAL DISTRICT AND
SESSIONS COURT ERNAKULAM, DISTRICT COURT COMPLEX,ERRNAKULAM-
682011 RESIDING AT POYYAKULATH HOUSE, SHOBANAM PALLURUTHY,
VELIE, PALLURUTHY, KOCHI- 682006
2 SHAJI M.C,
AGED 51 YEARS
SON OF M.P. CHACKO OFFICE ATTENDANT GR-II, MACT, PERUMBAVOOR
PERUMBAVOOR- 683542 RESIDING AT MEENPILLIL HOUSE VETTAMPARA
P.O., KULANGATTUKUZHY, KOTHAMANGALAM- ERNAKULAM-686691
BY ADVS.
DR.K.P.PRADEEP
SHRI.HAREESH M.R.
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001
WA Nos.669, 657 & 650 of 2022
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2025:KER:43445
2 SECRETARY,
SOCIAL JUSTICE DEPARTMENT, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM-695 001.
3 SECRETARY TO THE GOVERNMENT PERSONNEL AND ADMINISTRATIVE
DEPARTMENT,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM-695001
4 SECRETARY TO THE GOVERNMENT HOME (C) DEPARTMENT,
GOVERNMENT OF KERALA , GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM-695001
5 THE HIGH COURT OF KERALA,
REPRESENTED BY ITS REGISTRAR GENERAL, HIGH COURT, KOCHI-
682031
6 THE REGISTRAR (DISTRICT JUDICIARY)
HIGH COURT OF KERALA, KOCHI-682031
7 THE DISTRICT JUDGE,
DISTRICT COURT, DISTRICT COURT COMPLEX, PARK AVE ROAD KOCHI,
ERNAKULAM- 682011
BY ADV.SUNIL JACOB JOSE -R5 TO R7
ADV.K.P.HANISH -R1 TO R4
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18.06.2025, ALONG
WITH WA.657/2022, 650/2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WA Nos.669, 657 & 650 of 2022
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2025:KER:43445
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
WEDNESDAY, THE 18TH DAY OF JUNE 2025 / 28TH JYAISHTA, 1947
WA NO. 657 OF 2022
AGAINST THE JUDGMENT DATED 21.06.2021 IN WP(C) NO.19598 OF 2016 OF
HIGH COURT OF KERALA
APPELLANT/WRIT PETITIONER:
SAHADEVAN.T.K
AGED 51 YEARS
S/O KUTTAPPAN T.U, OFFICE ATTENDANT,
PRINCIPAL MUNSIFF COURT, ERNAKULAM-682011
BY ADVS.
DR.K.P.PRADEEP
SHRI.SANAND RAMAKRISHNAN
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, SOCIAL JUSTICE DEPARTMENT
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.
2 SECRETARY TO THE GOVERNMENT
PERSONNEL AND ADMINISTRATIVE DEPARTMENT, GOVERNMENT OF
KERALA GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM- 695001.
3 THE HIGH COURT OF KERALA,
REPRESENTED BY ITS REGISTRAR GENERAL,
HIGH COURT, KOCHI-682031.
WA Nos.669, 657 & 650 of 2022
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4 THE REGISTRAR (DISTRICT JUDICIARY)
HIGH COURT OF KERALA, KOCHI- 682031.
5 THE DISTRICT JUDGE,
DISTRICT COURT,DISTRICT COURT COMPLEX,
ERNAKULAM-682011.
BY ADV.SUNIL JACOB JOSE -R3 TO R5
ADV.K.P.HANISH -R1 AND R2
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18.06.2025, ALONG
WITH WA.669/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WA Nos.669, 657 & 650 of 2022
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2025:KER:43445
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
WEDNESDAY, THE 18TH DAY OF JUNE 2025 / 28TH JYAISHTA, 1947
WA NO. 650 OF 2022
AGAINST THE JUDGMENT DATED 21.06.2021 IN WP(C) NO.19256 OF 2017 OF
HIGH COURT OF KERALA
APPELLANTS/WRIT PETITIONERS 1,2 AND 4 IN W.P.(C):
1 REJI KUMAR T.V
AGED 54 YEARS
THEKKEPUTHENPURAYIL HOUSE, KIZHAKOMBU P.O,
KOOTHATHUKULAM ERNAKULAM-686662, WORKING AS OFFICE
ATTENDANT, MACT, MUVATTUPUZHA, ERNAKULAM.
2 SHEEJA B.P.,
AGED 54 YEARS
D/0. B V.PRABHAKARAN,KARTHIKA,
KOLLENDE PARAMBIL SAMSKARA JN,
PALARIVATTOM, KOCHI-682025 ,WORKING AS OFFICE CLERK,
MUNSIFF COURT, ERNAKULAM.
3 SAHADEVAN T.K.,
AGED 51 YEARS
S/O KUTTAPPAN T.U, THALAMUTHAYIL,
CHOVVARA P.O, ALUVA P.O, ERNAKULAM- 683571,
WORKING AS OFFICE ATTENDANT,
PRINCIPAL MUNSIFF COURT, ERNAKULAM.
BY ADVS.
DR.K.P.PRADEEP
SHRI.HAREESH M.R.
SHRI.SANAND RAMAKRISHNAN
WA Nos.669, 657 & 650 of 2022
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SMT.RASMI NAIR T.
SHRI.T.T.BIJU
SMT.T.THASMI
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.
2 THE SECRETARY,
SOCIAL JUSTICE DEPARTMENT, GOVERNMENT SECRETARIAT,
GOVERNMENT OF KERALA,THIRUVANANTHAPURAM - 695001.
3 THE SECRETARY TO THE GOVERNMENT PERSONNEL AND ADMINISTRATIVE
DEPARTMENT,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
4 THE SECRETARY TO THE GOVERNMENT HOME (C) DEPARTMENT,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
5 THE HIGH COURT OF KERALA,
REPRESENTED BY ITS REGISTRAR GENERAL,
HIGH COURT, KOCHI-682031.
6 THE REGISTRAR (DISTRICT JUDICIARY)
HIGH COURT OF KERALA, KOCHI- 682031.
7 THE DISTRICT JUDGE,
DISTRICT COURT, DISTRICT COURT COMPLEX,
PARK AVE ROAD, KOCHI, ERNAKULAM- 682011.
BY ADV.SUNIL JACOB JOSE -R5 TO R7
ADV.K.P.HANISH -R1 TO R4
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18.06.2025, ALONG
WITH WA.669/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WA Nos.669, 657 & 650 of 2022
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JUDGMENT
Sushrut Arvind Dharmadhikari, J.
These intra court appeals under Section 5 of the Kerala High
Court Act, 1958 assails the judgment dated 21.06.2021 in W.P.(C)
No.18816 of 2020 whereby the learned Single Judge, following the
judgment of the Division Bench in W.A. No.2633 of 2017, dismissed
the writ petitions.
2. The appellants, who are the petitioners in the writ
petitions, had challenged the Government Order dated 03.02.2016 to
be discriminatory and irrational and therefore violative of Article 14 of
the Constitution of India.
3. The learned counsel for the appellants submitted that
similar issue came up before the Hon'ble Apex Court in the case of
Maya P.C. v. State of Kerala [2025 KHC Online 7350] where it
was held that the Government Order dated 03.02.2016 is
discriminatory and irrational and therefore, violative of Article 14 as
what was confirmed by the Government Order dated 18.05.2013
cannot be withdrawn subsequently and set aside the orders passed
by the Division Bench and restored the judgments of the learned
WA Nos.669, 657 & 650 of 2022
2025:KER:43445
Single Judge as well as the Kerala Administrative Tribunal.
4. The learned counsel for the appellants further submitted that,
in the light of the judgment in Maya P.C. (supra), the issue involved
in this case is squarely covered. The structural position is not disputed
by the learned counsel for the respondents.
Accordingly, these writ appeals are disposed of. The judgment
passed in Maya P.C. (supra) shall apply mutatis mutandis to the facts
and circumstances of these cases as well.
Sd/-
SUSHRUT ARVIND DHARMADHIKARI
JUDGE
Sd/-
SYAM KUMAR V.M.
JUDGE
SMF
