Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR FRIDAY, THE24H DAY OF JANUARY20144TH MAGHA, 1935 WP(C).No. 983 of 2014 (W) -------------------------- PETITIONER(S)/PETITIONER: ------------------------------------------------ ABDUL HAKEEMSA, FULL-TIME MENIAL, C.A.HIGHER SECONDARY SCHOOL PERUVAMBA, PALAKKAD. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S)/RESPONDENTS: ---------------------------------------------------- 1. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD-678001.
2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695001.
3. THE MANAGER, C.A.HIGHER SECONDARY SCHOOL, PERUVAMBA, PALAKKAD-678001. BY ADV.SMT.A.LOWSY, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2401-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 983 of 2014 (W) -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBITT.P1 TRUE COPY OF THE APPOINTMENT ORDER
ISSUED BY THE MANAGER TO THE PETITIONER DATED1512.2007. EXHIBITT.P2 TRUE COPY OF THE JUDGMENT
OF THE HON'BLE SUPREME COURT IN SLP 4467 OF2010 EXHIBITT.P3 TRUE COPY OF GOVERNMENT ORDER
G.O.(RT)3937/13/G.EDN DATED259-2013 EXHIBITT.P4 TRUE COPY OF GOVERNMENT ORDER
,G.O.(P)108/13/G.EDN DATED253-2013 EXHIBITT.P5 TRUE COPY OF THE ORDER
DATED14.2013 ISSUED BY THE MANAGER RE-APPOINTING THE PETITIONER IN THE SCHOOL. RESPONDENT(S)' EXHIBITS NIL R.AV //TRUE COPY// PATO JUDGE C.T.RAVIKUMAR.J.
================= W.P.C.NO.983 OF2014===================== Dated this the 24th day of January 2014. JUDGMENT
------------------ The petitioner was initially appointed as a Full-Time Menial in C.A.Higher Secondary School, Peruvamba by the 3rd respondent as per Ext.P1 order dated 15.12.2007. However, he was ousted from service to accommodate a claimant under Rule 51-B of Chapter XIV-A of the Kerala Education Rules pursuant to Ext.P2 judgment of the Hon'ble Supreme Court. According to the petitioner subsequent to Ext.P2 judgment his appointment from 15.12.2007 till 25.12.2009 was treated as approved service and he was disbursed with salary. Subsequently, a vacancy occurred in the post of Full-Time Menial consequent to the promotion of the regular incumbent Shri.S.Divakaran to the post of Office Attendant and thereupon, the 3rd respondent appointed the petitioner as Full-Time Menial recognising his claim under Rule 51-A of Chapter XIV-A, of the Kerala Education Rules as per Ext.P5. The grievance of the petitioner is that despite his re-appointment under Ext.P5 it is not yet approved and consequently the petitioner is not getting the salary. It is the further contention of the petitioner that in the light of Ext.P4 there is absolutely no reason for not approving his appointment and for delaying disbursement of salary. The learned W.P.C.NO.983 OF20142 Government Pleader, on instructions, submitted that the delay in the matter of approval of the appointment of the petitioner effected as per Ext.P5 is occurring solely on account of the delay in the matter of approval of the promotion of the aforementioned Shri.S.Divakaran to the post of Office Attendant. Evidently, the said promotion of Shri.S.Divakaran was effected in March, 2013. In the said circumstances, I am of the view that there is no justification in causing further delay in the matter. In view of the order I propose to pass in this writ petition it is not necessary to issue notice to the 3rd respondent in this proceedings. Obviously, the question of approval of appointment of the petitioner made as per Ext.P5 and the approval of promotion granted to the aforementioned Shri.S.Divakaran are pending before the 1st respondent. In the said circumstances, this writ petition is disposed of with a direction to the 1st respondent to consider the question of approval of appointment of the petitioner expeditiously and in accordance with law, at any rate, within a period of 3 weeks from the date of receipt of a copy of this judgment. This writ petition is disposed of accordingly. C.T.RAVIKUMAR, JUDGE R.AV