Two writ petitions alleging denial of higher grade were disposed of on 22.11.2022. The court noted the death of the first petitioner in one case and granted liberty to the petitioners to approach the competent authority regarding any remaining grievances.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 22ND DAY OF NOVEMBER 2022 / 1ST AGRAHAYANA, 1944
WP(C) NO. 4436 OF 2011
PETITIONERS:
1 P.M.VARGHESEAGED 46 YEARS, S/O.MATHEW,
INSTRUCTOR GRADE II(MECHANICAL DEPARTMENT),
M.A.COLLEGE OF ENGINEERING,, KOTHAMANGALAM.
2 JAMES MATHEW, S/O. MATHAI AGED 47 YEARS, INSTRUCTOR GRADE II,M.A. COLLEGE OF ENGINEERING, KOTHAMANGALAM.
BY ADVS.
SRI.K.T.SHYAMKUMAR
SRI.HARISH R. MENON
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF TECHNICAL EDUCATION,, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.2 THE DIRECTOR OF TECHNICAL EDUCATION THIRUVANANTHAPURAM-6950013 THE JOINT DIRECTOR, REGIONAL DIRECTORATE OF TECHNICAL EDUCATION, KOTHAMANGALAM-6866914 THE PRINCIPAL, M.A. COLLEGE OF ENGINEERING, KOTHAMANGALAM-686691 BY ADV GOVERNMENT PLEADER SRI.K.M.FAISALTHIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.11.2022, ALONG WITH WP(C).34853/2011, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2
WP(C).Nos.4436 & 34853 of 2011
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY,THE 22ND DAY OF NOVEMBER 2022/1ST AGRAHAYANA, 1944
WP(C) NO. 34853 OF 2011
PETITIONER:
REJI ZACHARIAH
S/O.C.C.ZACHARIAH, INSTRUCTOR GRADE II
(MECHANICAL DEPARTMENT),
M.A.COLLEGE OF ENGINEERING, KOTHAMANGALAM.
BY ADVS.
SRI.K.T.SHYAMKUMAR
SRI.HARISH R. MENON
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF TECHNICAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-6950012 THE DIRECTOR OF TECHNICAL EDUCATION THIRUVANANTHAPURAM-6950013 THE JOINT DIRECTOR REGIONAL DIRECTORATE OF TECHNICAL EDUCATION, KOTHAMANGALAM-6800684 THE PRINCIPAL M.A.COLLEGE OF ENGINEERING, KOTHAMANGALAM.-680068BY ADV.RANJITH T.R, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.11.2022, ALONG WITH WP(C).4436/2011, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos.4436 & 34853 of 2011
3
P.V.KUNHIKRISHNAN, J.
W.P.(C).Nos.4436 & 34853 of 2011
---------------------------------------------Dated this the 22nd day of November, 2022
JUDGMENT
These writ petitions are filed alleging that there is denial of higher grade based on certain Government Orders.
In the light of the above submissions, these writ petitions are disposed of granting liberty to the petitioners to approach the competent authority, if there is any surviving grievance.
sd/-
P.V.KUNHIKRISHNAN JUDGE
JV
WP(C).Nos.4436 & 34853 of 2011
4
APPENDIX OF WP(C) 34853/2011
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE ORDER DATED 12-10-
1989 APPOINTING THE PETITIONER AS
ATTENDER.
Exhibit P2TRUE COPY OF THE ORDER DATED 5-4-1999
PROMOTING THE PETITIONER AS TRADE
INSTRUCTOR.
Exhibit P3TRUE COPY OF THE ORDER DATED 2-4-2001
PROMOTING THE PETITIONER AS DRAFTSMAN.
Exhibit P4TRUE COPY OF THE ORDER DATED 2-5-2003
APPOINTING THE PETITIONER AS INSTRUCT
GRADE II (MECHANICAL).
Exhibit P5TRUE COPY OF GO(MS)NO.571/65/EDN DATED
13-10-1965.
WP(C).Nos.4436 & 34853 of 2011
5
APPENDIX OF WP(C) 4436/2011
PETITIO |
NER EXHI |
BITS |
|
|---|---|---|---|
Exhibit |
P1 |
TRUE COPYPROMOTINGDRAFTSMANFROM 5-4-1 |
OF THE ORDER DATED 30-6-2006THE 1ST PETITIONER ASWITH RETROSPECTIVE EFFECT999. |
Exhibit |
P2 |
TRUE COPYISSUED BYTHE PROMOTDRAFTSMAN. |
OF THE ORDER DATED 2-6-2007THE 3RD RESPONDENT APPROVINGION OF THE 1ST PETITIONER AS |
Exhibit |
P3 |
TRUE COPYISSUED BY |
OF THE ORDER DATED 2-4-2009THE 3RD RESPONDENT. |
Exhibit |
P4 |
TRUE COPYDATED 16-1PETITIONER |
OF THE APPOINTMENT ORDER-1991 ISSUED TO THE. |
Exhibit |
P5 |
TRUE COPY31-8-1998INSTRUCTORPETITIONER |
OF THE PROMOTION ORDER DATEDTO THE POST OF TRADEGRADE II ISSUED TO THE 2ND. |
Exhibit |
P6 |
TRUE COPY5-4-1999 ITO THE POS |
OF THE PROMOTION ORDER DATEDSSUED TO THE 2ND PETITIONERT OF DRAFTSMAN. |
Exhibit |
P7 |
TRUE COPYISSUED BYTHE APPOINPETITIONERGRADE II. |
OF THE ORDER DATED 12-3-2004THE 3RD RESPONDENT APPROVINGTMENT BY TRANSFER OF THE 2NDTO THE POST OF INSTRUCTOR |
Exhibit |
P8 |
TRUE COPYISSUED BY |
OF THE ORDER DATED 25-6-2009THE 1ST RESPONDENT. |
Exhibit |
P9 |
TRUE COPYDATED 13-1 |
OF GO(MS) NO: 571/65/EDN0.1965. |
Exhibit |
P10 |
TRUE COPY112008 IN |
OF THE JUDGMENT DATED 24-W.P.(C) NO: 9515/2006. |
2 issues framed by the court
Whether the writ petitions alleging denial of higher grade should be disposed of after the death of one petitioner.
Whether liberty to approach the competent authority should be granted for surviving grievances.
1 provisions across 1 enactments
P.M.VARGHESE
JAMES MATHEW
REJI ZACHARIAH
STATE OF KERALA
THE DIRECTOR OF TECHNICAL EDUCATION THIRUVANANTHAPURAM
THE JOINT DIRECTOR REGIONAL DIRECTORATE OF TECHNICAL EDUCATION KOTHAMANGALAM
P.V.KUNHIKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court