Kerala High Court
Jojo Issac @ Scariachan Mannoor vs State Of Kerala on 6 March, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:19226
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 6TH DAY OF MARCH 2025 / 15TH PHALGUNA, 1946
WP(C) NO. 8590 OF 2025
PETITIONER:
JOJO ISSAC @ SCARIACHAN MANNOOR,
AGED 48 YEARS,
LOWER PRIMARY SCHOOL ASSISTANT,
ST.ANTONY'S L.P.S., KODALLOOR,
ETTUMANOOR, KOTTAYAM,
RESIDING AT MANNOOR HOUSE, MUTHOLY P.O.,
PALA, KOTTAYAM, PIN - 686587
BY ADVS.
B.MOHANLAL
P.S.PREETHA
ASWIN V. NAIR
KARTHIK J SEKHAR
ABIJITH M.
AVANI NAIR
JAYAPRABHA ARJUN
PRAVEENA T.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION,
GOVERNMENT OF KERALA, JAGATHY P.O.,
THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION ,
KOTTAYAM, PIN - 686001
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W.P.(C) No.8590/2025
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4 THE ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE THE ASSISTANT EDUCATIONAL OFFICER,
PIN - 686575
5 THE DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
KANJIRAPPALLY P.O.,
KOTTAYAM, PIN - 686507
6 THE ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
ARAKULAM, IDUKKI, PIN - 685591
7 THE ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
KOZHUVANAL,
KOTTAYAM, PIN - 686576
8 THE ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
KOZHUVANAL,
KOTTAYAM, PIN - 686576
9 THE ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
RAMAPURAM,
KOTTAYAM, PIN - 686576
10 THE ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
ERATTUPETTA,
KOTTAYAM, PIN - 686121
11 THE ASSISTANT EDUCATIONAL OFFICER,
OFIFCE OF THE THE ASSISTANT EDUCATIONAL OFFICER,
ETTUMANOOR,
KOTTAYAM, PIN - 686631
12 THE DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE THE DISTRICT EDUCATIONAL OFFICER,
KADUTHURUTHY,
KOTTAYAM, PIN - 686604
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W.P.(C) No.8590/2025
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13 THE MANAGER,
CORPORATE EDUCATIONAL AGENCY,
DIOCESE OF PALA, PALA P.O.,
KOTTAYAM, PIN - 686575
BY ADV.
SRI.V.VENUGOPAL, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.03.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No.8590/2025
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JUDGMENT
Dated this the 6th day of March, 2025
The petitioner, who is appointed to the post of LPSA in
the 13th respondent-Corporate Educational Agency on different
spells of 04.10.2006 to 04.03.2009, has approached this Court
seeking the following reliefs:
"i) To call for the records from the respondents
declining to approve the appointment of the
petitioner to the post of L.P.S.A. for the period from
15.06.2010 to 31.03.2011 in SJLPS, Kanjar under
the 6th respondent in the light of Ext.P9(a) and
Ext.P25 judgment and the vacation period
01.06.2009 to 31.03.2010, 01.06.2010 to
31.03.2011, 01.06.2011 to 31.03.2012 and
01.06.2012 to 03.06.2012 in the 13th respondent-
Corporate Educational Agency on regular basis as
per Chapter XIVA Rule 49 of KER by treating that
the petitioner is a claimant under Chapter XIVA Rule
51(A) of KER.
ii) To issue a writ of mandamus or other
appropriate writ, order or direction commanding the
respondents to grant approval of appointment of the
petitioner to the post of L.P.S.A. for the period from
15.06.2010 to 31.03.2011 in SJLPS, Kanjar under
the 6th respondent in the light of Ext.P9(a) and
Ext.P25 judgment and the vacation period
2025:KER:19226
01.06.2009 to 31.03.2010, 01.06.2010 to
31.03.2011, 01.06.2011 to 31.03.2012 and
01.06.2012 to 03.06.2012 in the 13th respondent-
Corporate Educational Agency on regular basis
within a stipulated time as directed by this Court.
iii) To issue a writ of mandamus or other
appropriate writ, order or direction commanding the
1st respondent to consider and dispose of Ext.P26
application filed by the petitioner within a stipulated
time as directed by this Court and approve the
appointment of the petitioner to the post of L.P.S.A.
for the period from 15.06.2010 to 31.03.2011 in
SJLPS, Kanjar under the 6th respondent in the light
of Ext.P9(a) and Ext.P25 judgment and the vacation
period 01.06.2009 to 31.03.2010, 01.06.2010 to
31.03.2011, 01.06.2011 to 31.03.2012 and
01.06.2012 to 03.06.2012 in the 13th respondent-
Corporate Educational Agency on regular basis as
per Chapter XIVA Rule 49 of KER by treating that
the petitioner is a claimant under Chapter XIVA Rule
51(A) of KER.
iv) To issue a writ of mandamus or other
appropriate writ, order or direction commanding the
respondents to grant scale of pay to the petitioner
for the period from 15.06.2010 to 31.03.2011 in
SJLPS, Kanjar under the 6th respondent and the
vacation period 01.06.2009 to 31.03.2010,
01.06.2010 to 31.03.2011, 01.06.2011 to
31.03.2012 and 01.06.2012 to 03.06.2012 in the 13th
respondent-Corporate Educational Agency on
regular basis after approval of appointment."
2. Going through the pleadings, I find that the
periods during which appointment approval is sought by the
petitioner relate to 2009-2012.
2025:KER:19226
3. Going through the pleadings in the writ petition,
I find that the petitioner has been repeatedly approaching the
Government for approval for the period of service. Exts.P13,
P17 and P23, are orders passed by the Government in this
regard.
4. As the petitioner has already approached the
Government and the Government has passed Exts.P13, P17
and P23 orders and since the appointment approval relates to
the period almost 15 years back, I am of the view that the writ
petition is barred by the principles of delay and latches. In the
circumstances, there is no scope for passing any orders in the
writ petition.
The writ petition is therefore dismissed.
Sd/-
N. NAGARESH
JUDGE
SR
2025:KER:19226
APPENDIX OF WP(C) 8590/2025
PETITIONER'S EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE APPOINTMENT ORDER
DATED 04/10/2006 ISSUED BY THE 12TH
RESPONDENT AND ITS APPROVAL ORDER NO:
C/3912/06/K.DIS. DATED 30/10/2006
ISSUED BY THE 4TH RESPONDENT TO THE
PETITIONER
Exhibit P2 THE TRUE COPY OF THE APPOINTMENT ORDER
DATED 12/01/2007 ISSUED BY THE 12TH
RESPONDENT AND ITS APPROVAL ORDER
NO:B4/821/07/K.DIS. DATED 25/04/2007
ISSUED BY THE 5TH RESPONDENT TO THE
PETITIONER
Exhibit P3 THE TRUE COPY OF THE APPOINTMENT ORDER
DATED 11/06/2008 ISSUED BY THE 12TH
RESPONDENT AND ITS APPROVAL ORDER
NO:C/1306/08/K.DIS DATED 17/07/2008
ISSUED BY THE 7TH RESPONDENT TO THE
PETITIONER
Exhibit P4 THE TRUE COPY OF THE APPOINTMENT ORDER
DATED 14/08/2008 ISSUED BY THE 12TH
RESPONDENT AND ITS APPROVAL ORDER
NO:B1/5173/08/K.DIS DATED 27/09/2008
ISSUED BY THE 11TH RESPONDENT TO THE
PETITIONER
Exhibit P5 THE TRUE COPY OF THE APPOINTMENT ORDER
DATED 21/10/2008 ISSUED BY THE 12TH
RESPONDENT AND ITS APPROVAL ORDER NO:D-
4316/08/K.DIS. DATED 11/11/2008 ISSUED
BY THE 8TH RESPONDENT TO THE PETITIONER
Exhibit P6 THE TRUE COPY OF THE APPOINTMENT ORDER
DATED NIL ISSUED BY THE 12TH RESPONDENT
AND ITS APPROVAL ORDER
NO:C/130/09/K.DIS. DATED 18/03/2009
2025:KER:19226
ISSUED BY THE 9TH RESPONDENT TO THE
PETITIONER ISSUED BY THE 8TH RESPONDENT
Exhibit P7 THE TRUE COPY OF THE ORDER
NO:C/1219/07/K.DIS., DATED 15/09/2017
ISSUED BY THE 6TH RESPONDENT
Exhibit P8 THE 12TH RESPONDENT MANAGER APPOINTED
THE PETITIONER IN AN ANTICIPATED
VACANCY TO THE POST OF L.P.S.A. IN
ST.JOSEPH'S L.P.S., KANJAR FROM
01/06/2009 TO 31/03/2010 FOR THE
ACADEMIC YEAR 2009-2010, THE APPROVAL
OF APPOINTMENT WAS DECLINED BY THE 6TH
RESPONDENT AS PER ORDER ORDER
NO:C/998/09/K.DIS. DATED 30/10/2009
ISSUED BY THE 6TH RESPONDENT
Exhibit P9 THE TRUE COPY OF THE ORDER
NO:C/985/2010 DATED 20/12/2010 ISSUED
BY THE 6TH RESPONDENT
Exhibit P9(a) THE TRUE COPY OF THE ORDER
NO.D.DIS.C/994/10 DATED 12/8/2010
ISSUED BY THE 6TH RESPONDENT
Exhibit P10 THE TRUE COPY OF THE ORDER
NO:C/842/11/K.DIS., DATED 15/03/2012
ISSUED BY THE 6TH RESPONDENT
Exhibit P11 THE TRUE COPY OF THE ORDER
NO:12193/H3/13/G.EDN. DATED 11/02/2016
ISSUED BY THE GOVERNMENT
Exhibit P12 THE TRUE COPY OF THE APPOINTMENT ORDER
DATED 4/6/2012 ISSUED BY THE 12TH
RESPONDENT AND ITS APPROVAL ORDER
NO:C/3811/2012/K.DIS. DATED 23/01/2013
Exhibit P13 THE TRUE COPY OF THE G.O.
(MS)NO:242/18/G.EDN. DATED 16/01/2018
ISSUED BY THE GOVERNMENT
2025:KER:19226
Exhibit P14 THE TRUE COPY OF THE APPOINTMENT ORDER
DATED 1/6/2009 ISSUED BY THE 12TH
RESPONDENT AND ITS APPROVAL ORDER
NO:C/1701/2017/K.DIS. DATED 17/03/2018
ISSUED BY THE 6TH RESPONDENT
Exhibit P14(a) THE TRUE COPY OF THE ORDER
NO.C/1328/2018/K.DIS., DATED 27/3/2018
ISSUED BY THE 10TH RESPONDENT
Exhibit P15 THE TRUE COPY OF THE CERTIFICATE ISSUED
BY THE HEADMASTER, ST. JOSEPH L.P.S,
KANJAR OF THE 12TH RESPONDENT SCHOOL
DATED 19/11/2016
Exhibit P16 . THE TRUE COPY OF THE REPRESENTATION
DATED 20/02/2018 SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT
Exhibit P17 THE TRUE COPY OF THE G.O.
(RT)NO:4124/2019/G.EDN. DATED
11/10/2019 ISSUED BY THE GOVERNMENT
Exhibit P18 THE TRUE COPY OF THE ORDER
NO:C/16203/2019 DATED 30/12/2019 ISSUED
BY THE 6TH RESPONDENT
Exhibit P19 THE TRUE COPY OF THE ORDER G.O.
(P)NO:31/2006 DATED 19/01/2006 ISSUED
BY THE GOVERNMENT
Exhibit P20 THE TRUE COPY OF THE ORDER G.O.
(P)NO:104/2008/G.EDN. DATED 10/06/2008
ISSUED BY THE GOVERNMENT
Exhibit P21 THE TRUE COPY OF THE REVISION DATED
10/02/2020 SUBMITTED BY THE PETITIONER
BEFORE THE GOVERNMENT
Exhibit P22 THE TRUE COPY OF THE JUDGMENT DATED
15/6/2022 IN W.P(C)NO.19346/2022 OF
THIS HON'BLE COURT
2025:KER:19226
Exhibit P23 THE TRUE COPY OF THE G.O.
(RT)NO.6611/2022/G.EDN. DATED
10/11/2022 ISSUED BY THE 1ST RESPONDENT
Exhibit P24 . THE TRUE COPY OF THE ORDER
NO:C/39862/2022/K.DIS. DATED 04/04/2023
ISSUED BY THE 6TH RESPONDENT
Exhibit P25 THE TRUE COPY OF THE JUDGMENT IN
W.A.NO:300/2019 DATED 09.08.2019 OF
THIS HON'BLE COURT
Exhibit P26 THE TRUE COPY OF THE APPLICATION DATED
05/12/2024 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT.
