Kerala High Court
Sri. S. Raghavan vs K.S.Viswanathan on 21 October, 2025
Author: Anil K. Narendran
Bench: Anil K. Narendran
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W.A.No.1305 of 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
TUESDAY, THE 21ST DAY OF OCTOBER 2025 / 29TH ASWINA, 1947
WA NO. 1305 OF 2023
AGAINST THE JUDGMENT DATED 20.01.2023 IN WP(C) NO.10782 OF 2018
OF THE HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 6 TO 9:
1 S. RAGHAVAN, AGED 48 YEARS, S/O.LATE SUBRAMANIAN R.
L. D. CLERK, SREE SANKARA COLLEGE, KALADY - 683 574,
ERNAKULAM DISTRICT, RESIDING AT SREE RAHAVA NIVAS, SN
ROAD, THOTTAKAM, YORDHANAPURAM P.O., KALADY - 683574
2 A. P. NANDAKUMAR, AGED 53 YEARS, S/O.A.P.NAIR,
LAB ASSISTANT, SREE SANKARA COLLEGE, KALADY-683 574,
ERNAKULAM DISTRICT, RESIDING AT ALADY HOUSE, IRINGOLE
P.O., PERUMBAVOOR - 683548
3 R. RAJESH, AGED 42 YEARS, S/O.LATE K.R. RAMANATHAN,
LAB ASSISTANT, SREE SANKARA COLLEGE, KALADY - 683 574,
ERNAKULAM DISTRICT, RESIDING AT SWARAKSHA 18/A, RAM
NIVAS, CHANDRATHIL ROAD, EDAPPALLY P.O., PIN - 682 024
4 V. B. KISHORE KUMAR, AGED 39 YEARS
LAB ASSISTANT, SREE SANKARA COLLEGE, KALADY - 683 574,
ERNAKULAM DISTRICT, RESIDING AT VAIRELIL HOUSE,
MATTOOR, KALADY P.O., ERNAKULAM DISTRICT, PIN - 683574
BY ADVS.SRI.S.P.ARAVINDAKSHAN PILLAY
SHRI.PETER JOSE CHRISTO
SMT.N.SANTHA
SRI.V.VARGHESE
KUM.ABHIRAMI K. UDAY
SRI.S.A.ANAND
SMT.K.N.REMYA
SMT.L.ANNAPOORNA
SHRI.VISHNU V.K.
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RESPONDENTS/PETITIONERS AND RESPONDENTS 1 TO 5:
1 K.S.VISWANATHAN, AGED 44 YEARS
L. D. CLERK, SREE SANKARA COLLEGE, KALADY-683 574,
ERNAKULAM DISTRICT.
2 T. S. SHIJU, SON OF T. K. SUBRAMANIAN, AGED 42 YEARS,
L. D. CLERK, SREE SANKARA COLLEGE, KALADY,
ERNAKULAM DISTRICT., PIN - 683574
3 SONI MURALI, LAB ASSISTANT, SREE SANKARA COLLEGE,
KALADY, ERNAKULAM DISTRICT., PIN - 683574
4 T. S. SATHEESAN, SON OF SANKUNNY NAIR, AGED 43 YEARS,
LAB ASSISTANT, SREE SANKARA COLLEGE, KALADY,
ERNAKULAM DISTRICT., PIN - 683574
5 O. V. SREEKANTH, LAB ASSISTANT, SREE SANKARA COLLEGE,
KALADY, ERNAKULAM DISTRICT., PIN - 683574
6 N. SREEJITH, LAB ASSISTANT, SREE SANKARA COLLEGE,
KALADY, ERNAKULAM DISTRICT., PIN - 683574
7 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO
GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
8 THE DIRECTOR OF COLLEGIATE EDUCATION
VIKAS BHAVAN, THIRUVANANTHAPURAM., PIN - 695033
9 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
ERNAKULAM, PIN - 682011
10 THE MANAGER, SREE SANKARA COLLEGE, KALADY,
ERNAKULAM DISTRICT., PIN - 683574
11 THE PRINCIPAL, SREE SANKARA COLLEGE, KALADY,
ERNAKULAM DISTRICT, PIN - 683574
BY ADV SHRI.P.C. SASIDHARAN
SMT. NISHA BOSE, SR. GP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
21.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Anil K. Narendran, J.
Respondents 6 to 9 in W.P.(C)No.10782 of 2018 have filed
this writ appeal, invoking the provisions under Section 5(i) of the
Kerala High Court Act, 1958, challenging the judgment dated
20.01.2023 of the learned Single Judge in that writ petition,
which was one filed by respondents 1 to 6 herein-petitioners,
invoking the writ jurisdiction of this Court under Article 226 of
the Constitution of India, seeking a writ of certiorari to quash
Ext.P22 order dated 19.02.2018 issued by the Government; a
declaration that the appointment of the writ petitioners is to the
post of Lab Assistants and that they are entitled to reckon the
seniority in the cadre of Lab Assistant from the date of their
appointment; and a declaration that the Government has no
power, authority or jurisdiction to relegate the matter to the
Manager/Deputy Director. By the impugned judgment dated
20.01.2023, the learned Single Judge allowed the writ petition,
by setting aside Ext.P22 order dated 19.02.2018, and the
Government was directed to decide the issue and pass orders.
2. This writ appeal was filed along with C.M.Appl.No.1 of
2023 seeking an order to condone the delay of 139 days in filing
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the appeal, which stands condoned by a separate order of this
date.
3. During the pendency of this writ appeal, in
compliance of the direction contained in the judgment dated
20.01.2023 of the learned Single Judge, the Government issued
Annexure I notice dated 12.07.2023 regarding the personal
hearing scheduled to be held on 20.07.2023 at the Government
Secretariate.
4. Today, when this matter is taken up for consideration,
the learned counsel for the appellants-respondents 6 to 9 would
submit that though a personal hearing was conducted on
20.07.2023, no orders have been passed in view of the pendency
of this writ appeal. The learned counsel would submit that,
leaving open the legal and factual contentions raised by the
appellants, this writ appeal may be closed.
5. Having considered the submissions made by the
learned counsel for the appellants-respondent 6 to 9, the learned
counsel for respondents 1 to 6-petitioners, and also the learned
Senior Government Pleader for respondents 7 to 9, we notice
that though a personal hearing was conducted on 20.07.2023
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based on Annexure I notice, the Government is yet to pass
orders in terms of the directions contained in the judgment dated
20.01.2023 of the learned Single Judge. More than two years
have elapsed after the personal hearing. Therefore, the
Government has to conduct a personal hearing afresh, with
notice to both sides.
In such circumstances, this writ appeal is disposed of, after
leaving open the legal and factual contentions raised by both
sides, by directing the 7th respondent Government to conduct a
personal hearing afresh, with notice to both sides, and pass
orders in terms of the directions contained in the judgment dated
20.01.2023 of the learned Single Judge in W.P.(C)No.10782 of
2018, as expeditiously as possible, at any rate, within a period of
two months from the date of receipt of a certified copy of this
judgment.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
AV
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PETITIONER ANNEXURES
Annexure-I TRUE COPY OF THE NOTICE NO.D3/193/2018/H.EDN
DATED 12.07.2023 OF THE 7TH RESPONDENT
