Kerala High Court
Pramod W.P vs State Of Kerala on 23 May, 2025
2025:KER:36348
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 23RD DAY OF MAY 2025 / 2ND JYAISHTA, 1947
WP(C) NO. 4442 OF 2018
PETITIONERS:
1 PRAMOD W.P.,
AGED 34 YEARS,
LOWER PRIMARY SCHOOL ASSISTANT,
LUTHERAN HIGHER SECONDARY SCHOOL,
SOUTH ARYAD, ALAPPUZHA.
2 SAJEEV B.N.,
LOWER PRIMARY SCHOOL ASSISTANT,
LUTHERAN HIGHER SECONDARY SCHOOL,
SOUTH ARYAD, ALAPPUZHA.
BY ADVS.
SRI.P.K.MANOJKUMAR
SMT.ALICE THOMAS
SMT.SMITHA S.PILLAI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 DIRECTOR OF PUBLIC INSTRUCTIONS,
THIRUVANANTHAPURAM - 659 001.
3 THE DISTRICT EDUCATION OFFICER,
ALAPPUZHA - 688 001.
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4 THE CORPORATE MANAGER
OF LUTHERAN SCHOOLS I.E.L. CHURCH,
CONCORDIA H.S COMPOUND, THIRUVANANTHAPURAM
SYNOD,PEROORKADA P.O., THIRUVANANTHAPURAM - 695
005.
OTHER PRESENT:
SRI E G GORDEN SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.05.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
The petitioners, who were appointed as L.P.S.A in the
school managed by the 4th respondent with effect from
02.06.2008, points out that originally their appointments were
not approved. As against the rejection of approval, revisions
were filed and ultimately the matter reached the Government
in a revision petition filed by the petitioners. The Government
issued Ext.P11 order dated 26.09.2016. The Government
considered the contentions raised by the petitioners with
respect to their claim for approval of appointment from
02.06.2008 and found that this was mainly on account of
subsistence of the claim made by two Rule 51A claimants -
Smt.Asha and Smt.Ajitha Kumari which originally stood
rejected. Later, it is found by the Government that the claim
of Smt.Ajitha Kumari has been approved by the D.E.O as early
as on 04.06.2007 itself and that with respect to Smt.Asha.K,
she was terminated by the Manager, as early as, with effect
from 18.11.2003. However, the Government noticed that the
matter has not been considered properly with respect to the
afore, while issuing the orders refusing to approve the
W.P.(C)No.4442 of 2018 4 2025:KER:36348
appointments of the petitioners. Therefore, considering the
petitioner's case as "a special case", on the basis of the stand
taken by the Director of Public Institutions also, the revision
petitions were disposed of, directing the D.E.O, Alappuzha, to
review the non-approval of the appointments of the
petitioners and pass revised orders.
2. The petitioners have filed the captioned writ
petition essentially complaining that the directions contained
in Ext.P11, are not being implemented.
3. Sri.P.K.Manoj Kumar, the learned counsel for
the petitioners, invites the attention of this Court to a
statement filed by the 3rd respondent dated 28.02.2018 to
contend that, Ext.P11 is not being implemented for the three
reasons pointed out in the statement. The three reasons,
pointed out in the statement where with reference to a claim
made by one Sri.Livingstone and by Sri.Russel Mosses who
were admittedly the petitioner's seniors. Therefore, the
Manager of the school was directed to report with respect to
the established vacancies, in my opinion, quite rightly.
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4. However, it is the contention of Sri.Manoj
Kumar that the afore referred Sri.Livingstone as well as
Sri.Russel Mosses do not any longer continue in the fray,
insofar as they have sought employment elsewhere.
5. If as pointed out by Sri.Manoj Kumar, the
claims made by Sri.Livingstone and Sri.Russel Mosses, do not
survive any longer, I am of the opinion that the petitioner's
claim on the basis of the directions contained in Ext.P11
requires to be accepted and acted upon forthwith. This is all
the more so insofar as, it is pointed out by the petitioners that
their juniors have already been approved, with respect to
their appointments.
6. In the afore result, this writ petition would
stand disposed of, directing the 3rd respondent herein to
consider as to whether the claims made by Sri.Livingstone and
Sri.Russel Mosses are subsisting as of now, and if they have
no claim as on date, to accept the claim for approval of the
appointments of the petitioners in tune with the directions
contained in Ext.P11.
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Needful shall be done by the 3rd respondent, after
hearing the petitioner also, as expeditiously as possible, at
any rate, within a period of 12 weeks from the date of receipt
of a copy of this judgment.
Sd/-
HARISANKAR V. MENON
JUDGE
ANA
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APPENDIX OF WP(C) 4442/2018
PETITIONER EXHIBITS
EXHIBIT P1 THE PHOTOSTAT COPY OF THE APPOINTMENT
ORDER NO. 248/2008 DATED 2.6.2008 ISSUED
BY THE MANAGER LUTHERAN SCHOOLS, TO THE
1ST PETITIONER.
EXHIBIT P2 THE PHOTOSTAT COPY OF THE APPOINTMENT
ORDER NO.248/2008 DAETD 2.6.2008 ISSUED
BY THE MANAGER LUTHERAN SCHOOLS, TO THE
2ND PETITIONER.
EXHIBIT P3 THE PHOTOSTAT COPY OF HE ORDER PASSED BY
THE D.E.O ALAPPUZHA, TO THE 2ND
PETITIONER.
EXHIBIT P4 THE PHOTOSTAT COPY OF THE ORDER PASSED BY
THE DPI, TVM. TO THE DEPUTY DIRECTOR OF
EDUCATION, ALAPPUZHA.
EXHIBIT P5 THE PHOTOSTAT COPY OF THE ORDER PASSED BY
THE GOVERNMENT G.O(RT) NO.
498/2015/G.EDN. DATED 4.2.2015 THE D.E.O
NEYYATTINKARA.
EXHIBIT P6 THE PHOTOSTAT COPY OF THE ORDER
NO.B5/674/12/D.DIS DATED 20.8.2015 ISSUED
BY THE DEO. NEYYATTINKARA.
EXHIBIT P7 THE PHOTOSTAT COPY OF THE REPRESENTATION
DATED 5.3.2015 SUBMITTED BY THE 1ST
PETITIONER TO THE SECRETARY TO
GOVERNMENT.
EXHIBIT P8 THE PHOTOSTAT COPY OF THE REPRESENATION
DATED 5.3.2015 SUBMITTED BY THE 2ND
PETITIOENR TO THE SECRETARY TO
GOVERNMENT.
EXHIBIT P9 THE PHOTOSTAT COPY OF THE COMMUNICATION
NO. 44833/H2/G.EDN. DATED 12.8.2015
ISSUED BY THE GOVERNMENT TO THE 1ST
PETITIONER.
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EXHIBIT P10 THE PHOTOSTAT COPY OF THE COMMUNICATION
NO. 44831/H2/15/G.EDN. DATED 12.8.2015
ISSUED BY THE GOVERNMENT TO THE 2ND
PETITIONER.
EXHIBIT P11 THE PHOTOSTAT COPY OF THE ORDER
NO.G.O(RT) NO. 3080/2016/G.EDN DATED
26.9.2016 PASSED BY THE GOVERNMENT.
