Kerala High Court
Neville John.K vs State Of Kerala on 11 August, 2001
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
WEDNESDAY, THE 13TH DAY OF AUGUST 2014/22ND SRAVANA, 1936
WP(C).No. 20996 of 2014 (Y)
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PETITIONER:
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NEVILLE JOHN.K., AGED 40 YEARS,
S/O K.M.JOHN, KADAVIL PARAMBIL HOUSE, CMC-II,
CHERTHALA, ALAPPUZHA DISTRICT,
NOW WORKING AS HIGHER SECONDARY SCHOOL TEACHER
(JUNIOR) PHYSICS, HIGHER SECONDARY SCHOOL,
KANDAMANGALAM, CHERTHALA.
BY ADV. SRI.PAULSON THOMAS
RESPONDENTS:
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1. STATE OF KERALA,
REPRESENTED BY THE SECRETARY, GENERAL EDUCATION,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
2. THE DIRECTOR,
DIRECTORATE OF HIGHER SECONDARY EDUCATION,
HOUSING BOARD BUILDING, THIRUVANANTHAPURAM,
PIN - 695 001.
3. THE MANAGER,
ST.MARY'S HIGHER SECONDARY SCHOOL, PARIYAPURAM,
MALAPPURAM,PIN-678 505
4. THE MANAGER,
KANDAMANGALAM HIGHER SECONDARY SCHOOL,
KANDAMANGALAM, CHERTHALA, ALAPPUZHA DISTRICT-688 011
R1 & R2 BY SR GOVERNMENT PLEADER SRI.V.VIJULAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13-08-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
sts
WP(C).No. 20996 of 2014 (Y)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 : TRUE COPY OF THE INTER-MANAGEMENT TRANSFER PROCEEDINGS
ISSUED BY THE 4TH RESPONDENT DATED 11.08.2001
EXHIBIT P2 : TRUE COPY OF THE APPROVAL ORDER OF THE PETITIONER DATED
13.08.2002 AS HSST JUNIOR PHYSICS IN THE 3RD RESPONDENT
SCHOOL
EXHIBIT P3 : TRUE COPY OF THE APPROVAL PROCEEDINGS OF THE PETITIONER
AS HSST PHYSICS W.E.F 01.08.2000 IN THE 3RD RESPONDENT'S
SCHOOL ISSUED BY THE SECOND RESPONDENT DATED 29.08.2004
EXHIBIT P4 : TRUE COPY OF THE RATIFICATION PROCEEDINGS OF THE 2ND
RESPONDENT DATED 02.11.2003
EXHIBIT P5 : TRUE COPY OF THE REPRESENTATION DATED 15.06.2014
EXHIBIT P6 : COPY OF THE G.O(MS) NO.162/98/GEN.EDN. DATED 13.05.1998
EXHIBIT P7 : COPY OF THE G.O(MS) NO.351/2004/GEN.EDN. DATED 20.11.2004
RESPONDENT(S)' EXHIBITS: NIL
/TRUE COPY/
P.A.TO.JUDGE
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P.R. RAMACHANDRA MENON, J.
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W.P.(C) No.20996 of 2014
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Dated this the 13th day of August, 2014.
JUDGMENT
The petitioner has approached this Court with the following prayers:-
"i. declare that the petitioner who was an approved HSST senior Physics in the 3rd respondent's school as evident from Ext.P3 at the time of his P1 inter-management transfer dated 11.08.2001 ratified by P4 is entitled to be treated as HSST senior Physics in the same scale of pay i.e. 6675-10550 in the 4th respondent's transferred school as well w.e.f. the the date of his transfer and joining duty i.e. 14.08.2001 with all consequential benefits.
ii. Issue a writ of mandamus or direction directing the 1st respondent government to treat the petitioner as HSST Physics in the 4th respondent transferred school as well in the same scale of pay he was given on the date of his transfer in the 3rd respondent's school viz.13.08.2001 i.e. 6675-10550, w.e.f. the date of joining duty in the 4th respondent's school i.e. 14.08.2001 with all consequential benefits.
iii. issue appropriate orders directing the government/2nd respondent to modify P4 order accordingly.
iv. issue any other writ, order or direction as deemed fit by this Honourable court."
2. The learned counsel for the petitioner submits that, the impugned order has been resulted by virtue of a mistake, for not considering the actual facts and figures. In the said circumstances, the petitioner has already approached the 1st respondent by filing Ext.P5. It is stated that, the petitioner will W.P.C.No.20996 of 2014 2 be satisfied, if a direction is given to the 1st respondent to have the same considered and finalised within a reasonable time.
3. Heard the learned Government Pleader as well.
4. In view of the limited extent of relief sought for, this Court does not find it necessary to issue notice to respondents 3 and 4 for the time being.
5. The writ petition is disposed of, directing the 1st respondent to consider Ext.P5 and pass appropriate orders, in accordance with law, after hearing the petitioner and also the respondents 4 and 5, at the earliest, at any rate, within 'three months' from the date of receipt of a copy of this judgment.
The petitioner shall produce a copy of this judgment, along with a copy of the writ petition, before the 1st respondent, for further steps.
P.R. RAMACHANDRA MENON, JUDGE sp