Kerala High Court
Josemon Scaria vs State Of Kerala on 24 January, 2000
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
MONDAY, THE 20TH DAY OF OCTOBER 2014/28TH ASWINA, 1936
WP(C).No. 21307 of 2007 (J)
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PETITIONER(S):
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JOSEMON SCARIA,
ATTENDER, ST.TERESA'S T.T.I., VAZHAPPALLY
CHANGANASSERY.
BY ADVS.SRI.B.S.SWATHY KUMAR
SRI.BINDU SREEKUMAR
SRI.K.G.RENGANATH
RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY
THE SECRETARY TO GENERAL EDUCATION
GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM.
2. THE DISTRICT EDUCATIONAL OFFICER,
KUTTANAD, ALAPPUZHA
3. CORPORATE MANAGEMENT OF SCHOOLS,
REPRESENTED BY ITS MANAGER, ARCHDIOCESE OF
CHANGANASSERY, CHANGANASSERY.
R1-R2 BY SENIOR GOVERNMENT PLEADER SRI. SOJAN JAMES
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-10-2014,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 21307 of 2007
APPENDIX
PETITIONERS EXHIBITS:
EXHIBIT P1:TRUE COPY OF THE APPOINTMENT ORDER DATED 24.1.2000 ISSUED BY
THE 3RD RESPONDENT.
EXHIBIT P2:TRUE COPY OF THE JOINING REPORT OF THE PETITIONER.
EXHIBIT P3:TRUE COPY OF THE ORDER NO.G.O.(RT)NO.3172/2005/G.E. DATED
25.6.2005.
RESPONDENTS EXHIBITS: NIL
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/TRUE COPY/
P.A. TO JUDGE
SKV
C.K.ABDUL REHIM, J
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W.P.(C). No.21307 OF 2007
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Dated this the 20th day of October, 2014
JUDGMENT
The petitioner was appointed as 'Full Time Menial' at St.Xavier's H.S. Mithrakary under the management of the 3rd respondent, with effect from 24.1.2000, by virtue of Ext.P1 order. The petitioner joined duty as Full Time Menial with effect from 24.1.2000 as evidenced from Ext.P2. He was promoted as Attender and posted in another school by the 3rd respondent, with effect from 16.8.2005.
2. Grievance of the petitioner is that his appointment as Full Time Menial from 24.1.2000 was not approved by the 2nd respondent, till that year 2005. Subsequently the appointment was approved only with effect from 28.3.2003, based on Ext.P3. From Ext.P3 it is evident that the 1st respondent - Government had issued orders regrading approval of appointment of last grade employees appointed in aided school on vacancies resulting out of promotions given as Laboratory Assistants W.P.(C). No.21307 OF 2007 2 in Higher Secondary School. By virtue of said order the post of Lab Assistants were created in Aided Higher Secondary Schools and the appointments made by the managements till 28.3.2003 were regularized. Further it was ordered that appointments of peons and Full Time Menial made in the resultant vacancies of promotions given as Lab Assistants can be approved from 28.3.2003 onwards, provided such appointees are qualified. Evidently it is on the basis of Ext.P3 that the appointment of the petitioner under the 3rd respondent as Full Time Menial was approved only with effect from 28.3.2003. The petitioner is disputing non-approval of his appointment for the period from 24.1.2000 to 28.3.2003. He is also challenging Ext.P3.
3. Evidently the approval was granted by the 2nd respondent as early as in the year 2005. The petitioner has not resorted to any statutory remedy provided under the KER against the denial of approval for the period from 24.1.2003 to 28.3.2003. Even the present writ petition was filed only in the year 2007. There is no valid ground raised in challenge of Ext.P3 order issued by the W.P.(C). No.21307 OF 2007 3 Government. On the other hand the contention of the petitioner is that the post of Full Time Menial to which the petitioner was appointed is not a resultant vacancy arose from promotion of anybody as Lab Assistants in the Higher Secondary School. However there is no evidence to show that the petitioner's appointment as Full Time Menial with effect from 24.1.2000 was against any approved vacancy existed in the school in question. Since the petitioner has not resorted to any statutory remedy against such approval, it is not possible for this court to adjudicate the issue in this writ petition filed at this belated point of time.
4. Under the above mentioned circumstances, this writ petition filed challenging Ext.P3 as well as challenging the non-approval of the appointment of the petitioner for the period from 24.1.2000 to 28.3.2003 fails. Hence the writ petition is accordingly dismissed.
Sd/-
C.K.ABDUL REHIM, JUDGE.
SKV