Kerala High Court
Joshy N.K vs State Of Kerala on 13 June, 2023
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
WP(C) NO. 14725 OF 2021
PETITIONER:
JOSHY N.K.
AGED 37 YEARS
OFFICE ATTENDANT, NIRMALA HIGH SCHOOL, THARIODE 8TH
MILE P.O., WAYANAD-673 575, RESIDING AT NAMBUSSERIYIL
HO, THARIODE P.O., WAYANAD (DISTRICT)-673 575
BY ADVS.
KALEESWARAM RAJ
VARUN C.VIJAY
MAITREYI SACHIDANANDA HEGDE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT
OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-
695 001
2 DIRECTOR OF GENERAL EDUCATION,
DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM-695 014
3 DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, WAYANAD-673
122
4 DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, WAYANAD-673
122
5 ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, WAYANAD-
673 592
6 MANAGER,
NIRMALA HIGH SCHOOL, ETTAM MILE, THARIODE P.O., WAYANAD
DISTRICT-673 589
7 HEADMISTRESS,
NIRMALA HIGH SCHOOL, ETTAM MILE, THARIODE P.O., WAYANAD
W.P (C) No.14725 of 2021
2
DISTRICT-673 589
BY ADV ADVOCATE GENERAL OFFICE KERALA
OTHER PRESENT:
SMT.NISHA BOSE, SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.06.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P (C) No.14725 of 2021
3
P.V.KUNHIKRISHNAN
---------------------
W.P (C) No.14725 of 2021
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Dated this the 13th day of June, 2023
JUDGMENT
This writ petition is filed with the following prayers:-
"i) To issue a writ of certiorari quashing Exts. P2 and P3;
ii) To declare that the petitioner is entitled to be granted notional approval from the date of his appointment, i.e. 02.06.2008 in the post of Full Time Menial with all consequential benefits including arrears of salary;
iii) to issue a writ of mandamus directing the respondents to pass orders approving the appointment of the petitioner from the date of his appointment. i.e. 02.06.2008 in the post of Full Time Menial with al consequential benefits including arrears of salary;
iv) to issue a writ of mandamus directing the respondents to disburse arrears of salary and other service benefits from 02.06.2008 to the petitioner on approving his appointment as prayed in prayer no.
(iii);
v) To issue such other orders, directions or writs as may be prayed for under the facts and circumstances of the case." (SIC)
2. The petitioner is working as full time menial in the 6th respondent's school. It is submitted that Ext.P1 appointment order would show that his appointment was w.e.f 02.06.2008. It is also submitted that the 6 th W.P (C) No.14725 of 2021 4 respondent earmarked vacancies for appointment of protected teachers from the year 2010 onwards. It is also the case of the petitioner that the 6th respondent also executed bond to the effect that he is willing and ready to appoint a protected teacher. But the petitioner's appointment was approved only from 01.06.2011. He is aggrieved by the denial of approval with effect from the date of his appointment i.e, from 02.06.2008. It is also submitted that, there was no list of protected teachers forwarded by the Educational Officer to the Manager during the relevant time. Hence, this writ petition.
3. Heard the counsel for the petitioner and the learned Government Pleader.
4. I think the point raised by the petitioner in this writ petition is covered in favour of the petitioner in the judgment of this Court in Nadeera vs. State of Kerala (2013 (2) KLT 88). In the above case, it is stated that, if no list of protected teachers are supplied by the Educational Authority to the Manager during the relevant time, there is no bar in approving the appointment. Admittedly, as on the date of appointment of the petitioner, there is no list of W.P (C) No.14725 of 2021 5 protected teachers supplied by the Educational authority to the petitioner. In such circumstances, I am of the considered opinion that the proposal for approval is to be reconsidered. To facilitate the same, Ext.P1 to the extent the approval rejected for the period from 02.06.2008 to 01.06.2011 can be set aside and the Government can be directed to reconsider the matter.
Therefore, this writ petition is disposed of with the following directions:-
i) The rejection of the approval of the petitioner's appointment as per Ext.P1 for the period from
02.06.2008 to 01.06.2011 is set aside and there will be a direction to the 1st respondent to reconsider the same in the light of the principle laid down by this Court Nadeera vs. State of Kerala (2013 (2) KLT 88).
ii) Above exercise shall be completed by the 1st respondent, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN JUDGE bng W.P (C) No.14725 of 2021 6 APPENDIX OF WP(C) 14725/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 02.06.2008 ISSUED BY THE 6TH RESPONDENT Exhibit P2 TRUE COPY OF THE ORDER DATED 04.07.2008 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER Exhibit P3 TRUE COPY OF THE ORDER DATED 06.12.2008, REJECTING APPEAL AGAINST EXT. P2, ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION, WAYANAD Exhibit P4 TRUE COPY OF THE LETTER DATED 07.06.2010 ADDRESSED TOT HE DISTRICT EDUCATIONAL OFFICER ISSUED BY THE MANAGER, NIRMALA HIGH SCHOOL Exhibit P5 TRUE COPY OF THE LETTER DATED 31.07.21010 ADDRESSED TO THE MANAGER, NIRMALA HIGH SCHOOL ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION Exhibit P6 TRUE COPY OF THE LETTER DATED 08.07.2010 ISSUED BY THE MANAGER, NIRMALA HIGH SCHOOL TO THE DISTRICT EDUCATION OFFICER, WAYANAD Exhibit P7 TRUE COPY OF UNDATED LETTERS ISSUED BY THE MANAGER, NIRMALA HIGH SCHOOL TO THE DISTRICT EDUCATIONAL OFFICER, WAYANAD Exhibit P8 TRUE COPY OF THE UNDATED LETTER ISSUED BY THE MANAGER TO DEPUTY SECRETARY, DEPARTMENT OF GENERAL EDUCATION Exhibit P9 TRUE COPY OF LETTER DATED 27.06.2011 ISSUED BY THE MANAGER, NIRMALA HIGH SCHOOL TO THE DISTRICT EDUCATIONAL OFFICER,WAYANAD W.P (C) No.14725 of 2021 7 Exhibit P10 TRUE COPY OF THE BOND DATED 26.04.2019 EXECUTED BY THE 6TH RESPONDENT Exhibit P11 TRUE COPY OF ORDER NO.67459/N1/2011/DPI DATED 06.12.2011 ISSUED BY THE DEPUTY SECRETARY, DEPARTMENT OF GENERAL EDUCATION Exhibit P12 TRUE COPY OF ORDER NO.G3/25617/08/ DPI/ KDIC DATED 20.10.2008 ISSUED BY THE DIRECTOR OF GENERAL EDUCATION Exhibit P13 TRUE COPY OF ORDER NO.KDIC/8488/2019/B4 DATED 05.10.2020