Writ Petition filed seeking approval of appointment as UPST and consequential benefits. Court disposed of matter directing 4th Respondent to consider pending appeal (Ext.P6) in light of another judgment within six weeks.
Directed 4th Respondent to pass decision on Ext.P6 order within six weeks with notice to all concerned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP(C) NO. 16339 OF 2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 11TH DAY OF OCTOBER 2022 / 19TH ASWINA, 1944
WP(C) NO. 16339 OF 2022
PETITIONER/S:
ASHISH G.NATH UPPER PRIMARY SCHOOL ASSISTANT, ASAN MEMORIAL TEACHERS TRAINING INSTITUTE (AMTTI), VILABHAGOM, MELVETTOOR P.O., VARKALA, THIRUVANANTHAPURAM, PIN - 695 312.
BY ADVS. S.P.ARAVINDAKSHAN PILLAY N.SANTHA V.VARGHESE PETER JOSE CHRISTO S.A.ANAND K.N.REMYA L.ANNAPOORNA VISHNU V.K. ABHIRAMI K. UDAY
RESPONDENT/S:
WP(C) NO. 16339 OF 2022
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5 MANAGER ASAN MEMORIAL TEACHERS TRAINING INSTITUTE (AMTTI), VILABHAGOM, MELVETTOOR P.O., VARKALA, THIRUVANANTHAPURAM, PIN - 695 312.
SMT. NISHA BOSE, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: FOLLOWING:
WP(C) NO. 16339 OF 2022
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JUDGMENT
This writ petition is filed seeking the following reliefs:
i) declare that petitioner is entitled for approval of his appointment as UPST made as per Ext.P1, with effect from 15.07.2021, with all consequential service and monetary benefits, forthwith.
ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to approve the appointment of the petitioner as UPST made as per Ext.P1, in compliance with Ext.P6 order, and grant him all consequential service and monetary benefits, including salary and allowances, with arrears thereof, w.e.f 15.07.2021, forthwith.
WP(C) NO. 16339 OF 2022
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passed by the 4th respondent. It is in the afore circumstances that the petitioner is before this Court seeking directions.
that it is in view of the pendency of W.P.(C) No.19808 of 2021 that orders were not issued by the 4th respondent. It is submitted that now that the writ petition has been disposed of, orders can be passed by the 4th respondent in terms of Ext.P6 and in the light of the observations in W.P. (C) No.19808 of 2021.
Having considered the facts and circumstances and the submissions made across the bar, this writ petition is disposed of directing the 4th respondent to take up Ext.P6 insofar as it concerns the consideration of the grant of approval of the appointment of the petitioner and take a decision in the light of the observations made by this Court in W.P.(C) No.19808 of 2021. The needful shall be done with notice to all concerned expeditiously, in any event, within a period of six weeks from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the petition along with the judgment before the concerned respondent to ensure compliance.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
IAP
WP(C) NO. 16339 OF 2022 5
APPENDIX OF WP(C) 16339/2022
PETITIONER(S) EXHIBITS :
Exhibit P1 TRUE COPY OF APPOINTMENT ORDER DATED 15/07/2021. Exhibit P2 TRUE COPY OF THE ORDER NO.B4/27389/2021 DATED 23/09/2021 OF THE 4TH RESPONDENT. Exhibit P3 TRUE COPY OF THE PRINT OUT OF THE APPEAL WHICH WAS PRESENTED THROUGH THE SAMANWAYA PORTAL OF THE EDUCATION DEPARTMENT. Exhibit P4 TRUE COPY OF THE G.O.(P) NO.244/12/G.EDN. DATED 25/07/2012. Exhibit P5 TRUE COPY OF THE LETTER NO.B4/1485/09 DATED 25/04/2009 OF THE 4TH RESPONDENT. Exhibit P6 TRUE COPY OF ORDER NO.B4/215921/2021 DATED 01/12/2021 OF THE 3RD RESPONDENT.
RESPONDENT(S) EXHIBITS : NIL
3 issues framed by the court
Whether the District Educational Officer is directed to consider the petitioner's appeal for approval of appointment as per Ext.P6 within six weeks.
Whether the petitioner is entitled to consequential service and monetary benefits from 15.07.2021 upon approval of appointment.
Whether the disposal of the reference writ petition enables the 4th respondent to pass orders on the petitioner's appointment appeal now.
Colour shows how this judgement treated each authority
W.P.(C) No.19808 of 2021Referred¶32
Ashish G. Nath
State of Kerala represented by the Secretary to Government
Director of General Education
Deputy Director of Education Thiruvananthapuram
District Educational Officer Attungal
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
