Quashed

Prakasan.P v. State of Kerala

Kerala HC20 Feb 2023WP(C)/1686/2023

Case brief

AI extract

What is this about?

Single judge disposed of a writ petition regarding delayed approval of appointment as Lower Primary School Assistant. The court directed the 1st respondent to consider the petitioner's representation within four months, deeming the bond executed as per a specific Government Order.

What did the court decide?

Directs 1st respondent to consider Ext.P11 within four months deeming bond executed as per G.O.(P) No. 10/10/G.Edn 12.01.2001 after hearing.

Prakasan.P Vs State of Kerala — Service and Employment | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

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MONDAY, THE 20TH DAY OF FEBRUARY 2023 / 1ST PHALGUNA, 1944
WP(C) NO. 1686 OF 2023

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PETITIONER/S:

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PRAKASAN.P
AGED 48 YEARS
S/O LATE SREEDHARAN NAMBOODIRI, LPSA, (TEACHER IN
CHARGE), ALPS KUDALMERKALA, POST KUDALMERKALA,
MANGALPADY VIA, KASARGODE- 671 324 (RESIDING AT
PERIKAMANA ILLAM, VATASSERI, KANKOL P.O.,
PAYYANOOR VIA, KANNUR DISTRICT- 670 337)., PIN -
671324
BY ADVS.
M.SAJJAD
V.A.MUHAMMED

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE - II, THIRUVANANTHAPURAM- 695 001., PIN - 695001

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2 THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM DISTRICT- 695 014., PIN - 695014

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3 THE ASSISTANT EDUCATIONAL OFFICER, MANJESWARAM, KASARGODE - 671 323, PIN - 671323

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4 THE MANAGER, ALPS KUDALMERKALA, POST KUDALMERKALA, MANGALPADY VIA, KASARGODE- 671 324, PIN - 671324

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.02.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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WP(C).No.1686/2023

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P.V.KUNHIKRISHNAN, J.

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W.P.(C).No.1686 of 2023

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Dated this the 20^th day of February, 2023

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JUDGMENT

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This writ petition is filed with following prayers:

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i. Issue a writ of mandamus or other appropriate writ order or direction commanding the Respondents to grant pay and allowances to the Petitioner right from 05.06.2006 onwards, in the light of Exhibits P-5 to P-10.

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ii. Issue an writ of mandamus or other writ appropriate order or direction directing the Respondents to approve the appointment covered by Exhibit P-1 w.e.f 05.06.2006 onwards with all consequential benefits.

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iii. Issue an writ of mandamus or other writ appropriate order or direction commanding the 1^st Respondent to take a decision on Exhibit P-11 with notice to the Petitioner adverting to Exhibits P-5 to P-10 in a time bound manner.

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iv. To dispense with filing of English translation of vernacular documents produced along with the Writ Petition.

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v. Pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case. (SIC)

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WP(C).No.1686/2023

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Petitioner was appointed as Lower Primary School Assistant (LPSA) in the 4^th respondent School from 05.06.2006 onwards. Approval to Ext.P1 was initially declined by the Educational Officer. However, it is submitted that the approval was granted to the petitioner with effect from 01.06.2011 by including in the "Teachers Package". It is the case of the petitioner that in the light of Exts.P5 to P10 the petitioner is entitled to get approval and other service benefits since 05.06.2006. It is submitted that the petitioner was appointed against an admissible post. While appointing the petitioner no statutory claimants were over looked is the submission. It is also the case of the petitioner that he discharged the duties since Ext.P1 appointment order. Manager has not executed a bond in terms of G.O (P) No. 10/10/G.Edn dated 12.01.2001 is the contention. According to the petitioner, this Court vide judgments in W.A.No.2290/2015 and W.A.No.2091/2018, ordered to approve the appointments effected during the ban period even by deeming that the Manager has executed the bond. Narrating the grievance raised in the writ petition, the petitioner submitted Ext.P11 before the 1^st respondent. The

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WP(C).No.1686/2023

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further grievance of the petitioner is that the same is not considered. Hence this writ petition.

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Heard the learned counsel for the petitioner and the learned Government Pleader.

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The counsel for the petitioner submitted that in the light of the judgments in W.A.No.2290/2015 and W.A.No.2091/2018, there may be a direction to the Government to consider Ext.P11 deeming that the Manager executed a bond.

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After hearing both sides, I think that prayer in this writ petition can be allowed.

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Therefore, this writ petition is disposed of in the following manner:

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The 1^st respondent is directed to consider and

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pass appropriate orders in Ext.P11, as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of this judgment, after affording an opportunity of hearing to the petitioner and the 4^th respondent.

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While considering Ext.P11, the 1^st respondent will deem that the bond is executed in

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WP(C).No.1686/2023

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accordance to G.O.(P) No. 10/10/G.Edn dated 12.01.2001.

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The petitioner will produce certified copy of this judgment along with a copy of the writ petition before the 1^st respondent for compliance.

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sd/- P.V.KUNHIKRISHNAN JUDGE

WP(C).No.1686/2023

APPENDIX OF WP(C) 1686/2023

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`PETITIONER EXHI`	`BITS`
`Exhibit P-1`	`TRUE COPY OF THE APPOINTMENT ORDER OF` `THE PETITIONER DATED 05.06.2006`
`Exhibit P-2`	`TRUE COPY OF THE STAFF FIXATION ORDER` `NO. D.DIS/D/3033/2006 DATED 31.08.2006` `OF THE SCHOOL FOR THE YEAR 2006-07`
`Exhibit P-3`	`TRUE COPY OF THE ORDER NO.` `RA(4)/62473/05/DPI DATED 27.04.2006` `ALONG WITH TYPED COPY`
`Exhibit P-4`	`TRUE COPY OF THE LETTER NO.` `H2/29056/09/DPI/L.DIS DATED 12.05.2009` `OF THE DIRECTOR OF PUBLIC INSTRUCTION` `ALONG WITH TYPED COPY`
`Exhibit P-5`	`TRUE COPY OF THE JUDGMENT IN W.A. NO.` `2290/2015 DATED 25.07.2017`
`Exhibit P-6`	`TRUE COPY OF THE JUDGMENT IN W.A. NO.` `2091/2018 DATED 28.06.2019`
`Exhibit P-7`	`TRUE COPY OF THE G.O(RT) NO.` `4477/2017/G.EDN. DATED 21.11.2017`
`Exhibit P-8`	`TRUE COPY OF THE G.O(RT) NO.` `4708/2019/G.EDN DATED 07.11.2019`
`Exhibit P-9`	`TRUE COPY OF JUDGMENT IN WP.(C) NO.` `35602/2019 DATED 14.02.2022`
`Exhibit P-10`	`TRUE COPY OF THE G.O(P) NO.` `10/10/G.EDN DATED 12.01.2010`
`Exhibit P-11`	`TRUE COPY OF THE REPRESENTATION` `SUBMITTED BY THE PETITIONER BEFORE THE` `GOVERNMENT DATED 20.12.2022`

Prakasan.P v. State of Kerala

Case brief

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Prakasan.P v. State of Kerala

Case brief

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