Kerala High Court
John K. John vs The Manager on 4 November, 2020
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 04TH DAY OF NOVEMBER 2020 / 13TH KARTHIKA, 1942
WP(C).No.21125 OF 2020(M)
PETITIONERS:
1 JOHN K. JOHN, LOWER DIVISION CLERK,
BISHOP MOORE COLLEGE, MAVELIKKARA-690 110.
2 SIBI JOHN, LOWER DIVISION STORE KEEPER,
BISHOP MOORE COLLEGE, MAVELIKKARA-690 110.
3 SANTHOSH P.JOHN, LOWER DIVISION STORE KEEPER,
BISHOP MOORE COLLEGE, MAVELIKKARA-690 110.
BY ADVS.
SRI.C.V.ALEXANDER
SRI.ABHAY FERDINAND
SRI.BABU VARGHESE (SR.)
RESPONDENTS:
1 THE MANAGER, BISHOP MOORE COLLEGE,
MAVELIKKARA-690 110.
2 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3 THE DIRECTOR OF COLLEGIATE EDUCATION,
VIKAS BHAVAN, THIRUVANANTHAPURAM-695 003.
4 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
KOLLAM-691 009
SMT. NISHA BOSE - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 21125/20
2
JUDGMENT
The petitioners, who are stated to be working as Lower Division Clerks in the Bishop Moore College, which is managed by the 1st respondent-Manager, have approached this Court impugning Exts.P8 and P8(a) to the extent to which their promotions as LD Clerk/LD Store Keeper have not been granted approval and they pray that the respondents be directed to do so at the earliest.
2. The petitioners, however, concede that they have preferred Ext.P18 representation before the Secretary of the Government of Kerala and alternatively pray that the same be directed to be taken up and disposed of treating it akin to a Statutory Revision, adverting to Ext.P11 amendment; Ext.P12 order of the Deputy Director of Collegiate Education; and Exts.P13 and P13(a); WPC 21125/20 3 which are orders stated to have been issued to identically situated persons.
3. In response to the submissions made on behalf of the petitioners by their learned Senior Counsel, Sri.Babu Varghese, instructed by Sri.Alexander C.V., the learned Senior Government Pleader, Smt.Nisha Bose, submitted that since the petitioners have already invoked their statutory remedy before the Government of Kerala by preferring Ext.P18 representation, there is no legal impediment in the same being considered akin to a Statutory Revision, after affording necessary opportunity of being heard to all parties. She, however, prayed that this Court may not make any affirmative declarations on the entitlement of the petitioners to any relief since their claims will require to be assessed both from the touchstone of facts and law involved and therefore, that the competent WPC 21125/20 4 Secretary be allowed to take an appropriate decision on Ext.P18 as per law.
4. On hearing the learned Senior Government Pleader as afore, the learned Senior Counsel, Sri.Babu Varghese, submitted that this is a fit case where this Court can pass orders granting approval of appointment to the petitioners, since, as is evident from Exts.P11, P12, P13 and P13(a), the law supports them and because identically situated persons have already been granted the same benefits.
5. Though the submissions of the learned Senior Counsel are certainly compelling, I am of the certain view that it will not be justified for this Court to issue a final order at this stage, particularly when Ext.P18 representation is still pending before the Government of Kerala.
6. I am, therefore, of the opinion that WPC 21125/20 5 the aforesaid representation must be directed to be taken up by the competent Secretary of the Government, reckoning it akin to a Statutory Revision and to dispose it of, adverting to Exts.P11, P12, P13 and P13(a), after affording an opportunity of being heard to the petitioners, as also the Manager of the College.
In the afore circumstances, I order this writ petition and direct the competent Secretary of the Government of Kerala to take up Ext.P18 representation of the petitioners and dispose it of, deeming it to be a Statutory Revision, adverting to Exts.P11, P12, P13 and P13(a) and after affording them, as also the Manager of the College, an opportunity of being heard - either physically or through video-conferencing - thus culminating in an appropriate order thereon as expeditiously as is possible, but not later WPC 21125/20 6 than three months from the date of receipt of a copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN
RR JUDGE
WPC 21125/20
7
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE APPOINTMENT
ORDER DATED 15.9.2011 ISSUED BY THE 1ST RESPONDENT IN FAVOUR OF THE 1ST PETITIONER EXHIBIT P1 (A) A TRUE COPY OF THE APPOINTMENT ORDER DATED 15.9.2011 ISSUED BY THE 1ST RESPONDENT IN FAVOUR OF THE 2ND PETITIONER EXHIBIT P1 (B) A TRUE COPY OF THE APPOINTMENT ORDER DATED 15.9.2011 ISSUED BY THE 1ST RESPONDENT IN FAVOUR OF THE 3RD PETITIONER EXHIBIT P2 A TRUE COPY OF THE APPROVAL GRANTED BY THE 3RD RESPONDENT BY ORDER NO F4/53649/2011/COLL.EDN DATED 19.7.2012 EXHIBIT P3 A TRUE COPY OF THE GOVERNMENT LETTER VIDE NO 26040/D3/2009/H.EDN DATED 11.2.2011 EXHIBIT P3 (A) A TRUE COPY OF THE NOTIFICATION APPEARED IN MALAYALA MANORAMA ON 15.6.2011 EXHIBIT P4 A TRUE COPY OF THE PROVISIONAL CERTIFICATE IN M.A DEGREE ISSUED BY THE UNIVERSITY OF KERALA DATED 17.3.2017 EXHIBIT P4 (A) A TRUE COPY OF THE P.S.C CERTIFICATE QUALIFYING THE MANUAL OF OFFICE PROCEDURE TEST ISSUED IN FAVOUR OF THE 1ST PETITIONER DATED 11.4.2014 WPC 21125/20 8 EXHIBIT P4 (B) A TRUE COPY OF THE P.S.C CERTIFICATE OF PASSING ACCOUNT TEST (LOWER) ISSUED IN FAVOUR OF THE 1ST PETITIONER DATED 29.5.2017 EXHIBIT P4 (C) A TRUE COPY OF THE P.S.C CERTIFICATE OF PASSING ACCOUNT TEST (HIGHER) ISSUED IN FAVOUR OF THE 1ST PETITIONER DATED 29.5.2017 EXHIBIT P5 A TRUE COPY OF THE CERTIFICATE IN SECONDARY SCHOOL LEAVING CERTIFICATE EXAMINATION ISSUED IN FAVOUR OF THE 2ND PETITIONER EXHIBIT P5 (A) A TRUE COPY OF THE CERTIFICATE IN PRE-DEGREE EXAMINATION ISSUED BY THE UNIVERSITY OF KERALA IN FAVOUR OF THE 2ND PETITIONER DATED 10.8.2002 EXHIBIT P5 (B) A TRUE COPY OF THE P.S.C CERTIFICATE IN MANUAL OF OFFICE PROCEDURE TEST DATED 4.4.2014 ISSUED IN FAVOUR OF THE 2ND PETITIONER EXHIBIT P5 (C) A TRUE COPY OF THE CERTIFICATE IN TYPEWRITING ENGLISH AND COMPUTER WORD PROCESSING (LOWER GRADE) DATED 21.11.2002 ISSUED IN FAVOUR OF HE 2ND PETITIONER EXHIBIT P5 (D) A TRUE COPY OF THE CERTIFICATE IN TYPEWRITING (ENGLISH) AND COMPUTER WORD PROCESSING (HIGHER) DATED 28.5.2003 ISSUED IN FAVOUR OF THE 2ND PETITIONER EXHIBIT P5 (E) A TRUE COPY OF THE CERTIFICATE IN TYPEWRITING (MALAYALAM) AND COMPUTER WORD PROCESSING (HIGHER) DATED 28.9.2014 ISSUED IN FAVOUR OF THE 2ND PETITIONER WPC 21125/20 9 EXHIBIT P6 A TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE EXAMINATION ISSUED IN FAVOUR OF THE 3RD PETITIONER EXHIBIT P6 (A) A TRUE COPY OF THE CERTIFICATE IN SENIOR SECONDARY SCHOOL EXAMINATION ISSUED IN FAVOUR OF THE 3RD PETITIONER DATED 4.6.2013 EXHIBIT P6 (B) A TRUE COPY OF THE CERTIFICATE IN COMPUTER AND DTP OPERATION ISSUED IN FAVOUR OF THE 3RD PETITIONER DATED 30.7.1998 EXHIBIT P6 (C) A TRUE COPY OF THE P.S.C CERTIFICATE IN MANUAL OF OFFICE PROCEDURE TEST DATED 24.3.2014 ISSUED IN FAVOUR OF HE 3RD PETITIONER EXHIBIT P6 (D) A TRUE COPY OF THE P.S.C CERTIFICATE IN ACCOUNT TEST (LOWER) DATED 17.12.2018 ISSUED IN FAVOUR OF THE 3RD PETITIONER EXHIBIT P7 A TRUE COPY OF THE PROMOTION ORDER DATED 31.12.2014 ISSUE BY THE 1ST RESPONDENT IN FAVOUR OF THE 1ST PETITIONER EXHIBIT P7 (A) A TRUE COPY OF THE PROMOTION ORDER DATED 31.12.2015 ISSUE BY THE 1ST RESPONDENT IN FAVOUR OF THE 2ND PETITIONER EXHIBIT P7 (B) A TRUE COPY OF THE PROMOTION ORDER DATED 31.12.2015 ISSUE BY THE 1ST RESPONDENT IN FAVOUR OF THE 3RD PETITIONER EXHIBIT P8 A TRUE COPY OF THE LETTER DATED 23.6.2016 CANCELLING/REJECTING THE PROMOTION GRANTED TO THE 1ST PETITIONER WPC 21125/20 10 EXHIBIT P8 (A) A TRUE COPY OF THE LETTER DATED 23.6.2016 CANCELLING/REJECTING THE PROMOTION GRANTED TO THE 2ND PETITIONER EXHIBIT P9 A TRUE COPY OF THE FRESH PROPOSAL DATED 26.4.2018 SUBMITTED BY THE PRINCIPAL BEFORE THE 3RD RESPONDENT EXHIBIT P10 A TRUE COPY OF THE PROMOTION ORDER ISSUED TO THE 1ST PETITIONER BY THE 1ST RESPONDENT ON 18.9.2016 EXHIBIT P10 (A) A TRUE COPY OF THE PROMOTION ORDER ISSUED TO THE 2ND PETITIONER BY THE 1ST RESPONDENT ON 18.9.2016 EXHIBIT P10 (B) A TRUE COPY OF THE PROMOTION ORDER ISSUED TO THE 3RD PETITIONER BY THE 1ST RESPONDENT ON 18.9.2016 EXHIBIT P11 A TRUE COPY OF THE RELEVANT PAGES OF THE KERALA UNIVERSITY FIRST STATUTES EXHIBIT P12 A TRUE COPY OF THE CLARIFICATION ORDER VIDE NO E1/32192/2019/DCE DATED 23.9.2019 OF THE 3RD RESPONDENT EXHIBIT P13 A TRUE COPY OF THE R.T.I APPLICATION DATED 16.2.2016 SUBMITTED BY THE 2ND PETITIONER IN RESPECT OF KARMELA RANI TRAINING COLLEGE EXHIBIT P13 (A) A TRUE COPY OF THE REPLY DATED 18.2.2016 OBTAINED BY THE 2ND PETITIONER UNDER RIGHT TO INFORMATION ACT EXHIBIT P14 A TRUE COPY OF THE R.T.I APPLICATION DATED 211.6.2016 SUBMITTED IN RESPECT OF CHRISTIAN COLLEGE CHENGANNOOR WPC 21125/20 11 EXHIBIT P14 (A) A TRUE COPY OF THE REPLY DATED 8.7.2016 OBTAINED UNDER RIGHT TO INFORMATION ACT EXHIBIT P15 A TRUE COPY OF THE INITIAL APPROVAL OF APPOINTMENT OF THE OFFICIALS AS LAB ASSISTANT ISSUED BY THE 3RD RESPONDENT ON 11.12.2017 EXHIBIT P15 (A) A TRUE COPY OF THE APPROVAL GRANTED BY THE 3RD RESPONDENT TO PROMOTIONS AS L.D CLERK VIDE ORDER DATED 28.12.2019 WITH ANNEXED STATEMENT EXHIBIT P16 A TRUE COPY OF THE ORDER OF THE DEPUTY DIRECTOR OF THE COLLEGIATE EDUCATION DATED 20.5.2020 EXHIBIT P17 A TRUE COPY OF THE ORDER DATED 20.7.2020 IN WPC NO 12371/2020 OF THIS HON'BLE COURT WITH LEGIBLE COPY EXHIBIT P18 A TRUE COPY OF THE REPRESENTATION DATED 8.7.2020 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT WPC 21125/20 12