Allowed

Jayanthan Nampoothiri B. v. the State of Kerala

Kerala HC13 Jun 2023WP(C)/2634/2021

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a writ petition challenging the rejection of the petitioner's appointment as a Full Time Menial. The court directed the District Educational Officer to consider the approval proposal based on the manager's undertaking within two months.

What did the court decide?

The 5th respondent is directed to consider the proposal for approval of the petitioner's appointment as Full Time Menial based on Ext.P11 and complete the exercise within two months.

Jayanthan Nampoothiri B. Vs the State of Kerala — Education and Admissions | 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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TUESDAY, THE 13^TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945

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WP(C) NO. 2634 OF 2021

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PETITIONER:

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JAYANTHAN NAMPOOTHIRI B. AGED 27 YEARS S/O. BALAKRISHNAN NAMPOOTHIRI, FULL TIME MENIAL, S.K.V HIGH SCHOOL, KUTTAMPEROOR, P O, KUTTAMPEROOR, MANNAR, ALAPPUZHA DISTRICT - 689623, (RESIDING AT AMARAVATHI ILLOM, P.O, KUTTAMPEROOR, MANNAR, ALAPPUZHA DISTRICT - 689623), (M.9497216387).

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BY ADVS. V.A.MUHAMMED SRI.V.RAJASEKHARAN NAIR

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.

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2 THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM - 695001. 3 THE DIRECTOR OF GENERAL OF EDUCATION JAGATHY, THIRUVANANTHAPURAM - 695014, 4 THE DEPUTY DIRECTOR OF EDUCATION ALAPPUZHA - 688001. 5 THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA, ALAPPUZHA DISTRICT - 690101.

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6 THE MANAGER, S.K.V HIGH SCHOOL, KUTTAMPEROOR, P.O, KUTTAMPEROOR, MANNAR, ALAPPUZHA DISTRICT - 689623. BY ADVS. PRAVEEN K.V SRI.N.ASHOK KUMAR SMT.MARIAMMA GEORGE MARANGOLY

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OTHER PRESENT:

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SMT.SURYA BINOY,GP.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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13.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P (C) No.2634 of 2021

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P.V.KUNHIKRISHNAN

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- - - - - - - - - - - - - - - - - - - - - W.P (C) No.2634 of 2021

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- - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13^th day of June, 2023

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JUDGMENT

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This writ petition is filed with the following prayers:-

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“i) call for the records relating to Exhibits P-2, P-3, P-4 and P-5 orders and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.

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ii) call for the records relating to Exhibit P-6 Circular and set aside th original of the same to the extent denies approval of appointment made against leave vacancies during 2016-2017 by the issue of a writ of certiorari or other appropriate writ or order.

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iii) call for the records relating to Exhibit P-7 amendment notification and set aside the original of the same to the extent it given effect of retrospectivity to Rule 7 (4) of Chapter XIX-A KERS from 29.01.2016 by the issue of a writ of certiorari or other appropriate writ or order.

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iv) declare that the appointment of the Petitioner as FTM from 01.07.2016 to 31.03.2018 is legally valid and sustainable.

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v) pass such other order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case.” (SIC)

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2. The petitioner was appointed as full time Menial

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in the 6^th respondent’s school. According to the petitioner,

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there is an established vacancy of full time menial to accommodate the petitioner as full time menial from

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W.P (C) No.2634 of 2021

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01.07.2016 to 31.03.2018 in the school since the DEO, Mavelikkara has granted approval to the appointment of Sri.Sreekumar, FTM as office attendant from 01.07.2016 to 31.03.2018. Thus the vacancy in which the petitioner was appointed is established is the submission. But the Educational Officers as well as the Government declined approval stating that there is an amendment in the KER regarding the appointment of protected hands. Hence, this writ petition.

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

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When this writ petition came up for consideration, the learned counsel for the petitioner submitted that pending the writ petition, the Government issued G.O.(P) No.4/2021 dated 06.02.2021 and there may be a direction to consider the proposal for approval of the petitioner's appointment on the basis of Ext.P11 undertaking. I think that prayer can be allowed.

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Therefore, this writ petition is disposed of with the following directions:-

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i) The 5^th respondent is directed to consider the

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W.P (C) No.2634 of 2021

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proposal sought for approval of the petitioner as Full Time Menial in the 6^th respondent's school in the light of Ext.P11.

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ii) The 5^th respondent is free to collect the necessary documents from the 6^th respondent's school.

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iii) Above exercise shall be completed by the 5^th respondent, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment.

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Sd/-

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P.V.KUNHIKRISHNAN

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JUDGE

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bng

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W.P (C) No.2634 of 2021

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APPENDIX OF WP(C) 2634/2021

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PETITIONER EXHIBITS

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EXHIBIT	P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.07.2016.
EXHIBIT	P2 TRUE COPY OF THE LETTER NO. K.DIS B2/4553/16 DATED 28.03.2017 OF THE DEO
EXHIBIT	P3 TRUE COPY OF THE ORDER NO.B3/8781/2017/K.DIS DATED 14.06.2017 OF THE DDE.
EXHIBIT	P4 TRUE COPY OF THE ORDER NO EC (1)/72162/2017/DPI/K.DIS DATED 07.12.2017 OF THE 3RD RESPONDENT OFFICE.
EXHIBIT	P5 TRUE COPY OF THE LETTER NO. N2/201/2018/G.EDN.DATED 21.05.2019 OF THE GOVERNMENT.
EXHIBIT	P6 TRUE COPY OF THE CIRCULAR NO. 951951/J2/16/G.EDN DATED 09.11.2016 OF THE GOVERNMENT.
EXHIBIT	P7 TRUE COPY OF THE GO(P) NO.199/2016/G.EDN DATED 03.12.2016 OF THE GOVERNMENT.
EXHIBIT	P8 TRUE COPY OF THE APPOINTMENT ORDER OF SRI.SREEKUMAR B DATED 01.07.2016 AND APPROVAL RECORDED THEREON.
EXHIBIT	P9 TRUE COPY OF THE GO(RT) NO. 1891/2016/G.EDN DATED 10.06.2016 OF THE GOVERNMENT.
Exhibit	P-10 TRUE COPY OF THE PETITION SUBMITTED BY THE MANAGER DATED 15.05.2023 BEFORE THE 5TH RESPONDENT
Exhibit	P-11 TRUE COPY OF THE DECLARATION DATED 12.05.2023 SUBMITTED BY THE MANAGER

Jayanthan Nampoothiri B. v. the State of Kerala

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Jayanthan Nampoothiri B. v. the State of Kerala

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