Partly allowed

Sayooj Punnakot v. State of Kerala

Kerala HC11 Apr 2023WP(C)/4150/2023

Case brief

AI extract

What is this about?

The single judge set aside an order rejecting the petitioner's appointment as Office Attendant and directed the respondent to reconsider the issue within three months in light of recent Division Bench directions. The court also ordered an opportunity of hearing for the petitioner before final disposal.

What did the court decide?

Ext. P10 set aside; Respondent directed to reconsider appointment issue within 3 months considering relevant directions; Petitioner to be heard.

Sayooj Punnakot 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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TUESDAY, THE 11^TH DAY OF APRIL 2023 / 21ST CHAITHRA, 1945

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WP(C) NO. 4150 OF 2023

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PETITIONER:

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SAYOOJ PUNNAKOT AGED 33 YEARS OFFICE ATTENDANT, AUP SCHOOL, KAITHAKKAD POST, CHERUVATHUR, KASARAGOD DISTRICT-671313. BY ADV POOVAMULLE PARAMBIL ABDULKAREEM

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 DIRECTOR OF GENERAL EDUCATION OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM – 695014. 3 DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KANHANGAD, KASARAGODE DISTRICT-671315. 4 ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, CHERUVATHUR, KASARAGOD DISTRICT-671313. 5 MANAGER AUP SCHOOL, KAITHAKKAD POST, CHERUVATHUR KASARAGOD DISTRICT-671313. 6 HEADMASTER AUP SCHOOL, KAITHAKKAD POST, CHERUVATHUR KASARAGOD DISTRICT-671313. SRI.K.M.FAISAL, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 4150 OF 2023

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P.V.KUNHIKRISHNAN, J.

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------------------------------

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W.P.(C)No. 4150 of 2023

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Dated this the 11^th day of April, 2023

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JUDGMENT

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The above writ petition is filed with the following

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prayers:

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“(i) To issue a writ of Certiorari to quash Exts. P2, P5, P7 and P10 orders as they are illegal and unjustifiable; or to declare that those orders cannot be enforced as against the petitioner.

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(ii) To issue a writ of mandamus or any other appropriate writ, order or direction directing the 4 th respondent to approve the appointment of the petitioner as Office Attendant from 01/06/2020 onwards and to disburse all consequential benefits due to him forthwith.

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(iii) To declare that the petitioner is entitled to get approval from the date of appointment in the light of Ext. P3 bond, Ext.P11 Government order and Ext.P12 order issued by this Hon'ble Court.

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(iv) To dispense with filing of vernacular translation of the documents

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(v) To grant such other relief which this Hon'ble Court deems fit and necessary in the interest of justice.”[SIC]

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WP(C) NO. 4150 OF 2023

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The petitioner is working as Office Attendant from 01/06/2020 onwards in AUP School Kaithakkad in a retirement vacancy. This appointment was rejected by the respondents 3 and 4 by Exts.P2 & P5 orders holding that the school in which the petitioner was appointed is a newly opened/upgraded school, hence a protected teacher should be appointed and the appointment of the petitioner can be considered only from the date of appointment of the such protected hand as contemplated in Rule 7(5) of Chapter XXI KER. However, the 2^nd respondent by Ext.P6 issued an order dated 28/02/2022 directing the 4^th respondent to reconsider the issue of approval of appointment of the petitioner in the light of Circular No.J2/57/2019 dated 08/03/2019. The 4^th respondent in compliance of Ext.P6 order issued Ext.P7 rejection without considering the said Circular and Ext.P3 consent letter submitted by the 5^th respondent, is the submission. Under such circumstances the petitioner

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WP(C) NO. 4150 OF 2023

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approached the 1^st respondent as well as this Court seeking to approve the appointment from the date of appointment especially on the ground that there was no protected non-teaching staff in the district at the time of appointment of the petitioner and also in the absence of list of protected hands. This Court by Ext.P9 Judgment directed the 1^st respondent to consider and pass appropriate orders on the revision submitted by the petitioner. The 1^st respondent in compliance of the direction in Ext.P9 issued Ext.P10 order contenting that the 5^th respondent has not submitted the consent letter as per Circular No.J2/57/2019/GEDN dated 08/03/2019 for the vacancy prior to 01/06/2019 for appointment of protected teacher and the appointment after 18/11/2018 can be approved only after the implementation of reservation of disabled persons. The contentions of the 1^st respondent in the impugned order will not stand in the light of Ext.P11 clarification order, is the submission. It is also submitted that this Court also issued directions

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WP(C) NO. 4150 OF 2023

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as per the judgment dated 13.03.2023 in Writ Appeal No.1445 of 2022 and connected cases. Hence this writ petition is filed.

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

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After hearing both sides, according to me, the impugned order can be set aside in the light of the directions issued by the Division Bench of this Court in the judgment dated 13.03.2023 in W.A.No.1445 of 2022 and connected cases and the Government can be directed to reconsider the matter. While deciding the matter, the Government can be directed to consider Clause (iv) of Ext.P11 Government Order also. To facilitate the Government to pass fresh orders, Ext.P10 can be set aside.

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

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i. Ext.P10 is set aside.

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ii. The 1^st respondent is directed to reconsider the

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WP(C) NO. 4150 OF 2023

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matter in the light of the directions in the judgment dated 13.03.2023 in W.A.No.1445 of 2022 and connected cases, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a stamped certified copy of this judgment.

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iii. Before passing final orders, the 1^st respondent will give an opportunity of hearing to the petitioner.

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iv. While deciding the matter, the 1^st

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respondent will also consider the applicability of Clause (iv) of Ext.P11 Government order.

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

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P.V.KUNHIKRISHNAN JUDGE

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WP(C) NO. 4150 OF 2023

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APPENDIX OF WP(C) 4150/2023

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE COPY OF TH	E APPOINTM	ENT	ORDER
	DATED 01/06/2020 RESPONDENT	ISSUED BY	TH	E 5TH
EXHIBIT P2	TRUE COPY	OF THE		ORDER
	NO.5611/2020/AEO/	K.DIS		DATED
	26/07/2021 ISSU RESPONDENT	ED BY	THE	4TH
EXHIBIT P3	TRUE COPY OF THE	CONSENT LET	TER	DATED
	15/06/2020 SUBM RESPONDENT	ITTED BY	THE	5TH
EXHIBIT P4	TRUE COPY OF	THE APPE	AL	DATED
	28/07/2021 SUBM RESPONDENT	ITTED BY	THE	5TH
EXHIBIT P5	TRUE COPY OF	THE OR	DER	NO.
	B5/194282/2021	DATED	20/0	9/2021
	ISSUED BY THE 3RD	RESPONDENT
EXHIBIT P6	TRUE COPY OF	THE OR	DER	NO.
	G5/14342/2021/	DGE/K.DIS		DATED
	28/02/2022 ISSU RESPONDENT	ED BY	THE	2ND
EXHIBIT P7	TRUE COPY	OF THE		LETTER
	NO.C/09/2022/AEO ISSUED BY THE 4TH	(1) DATED RESPONDENT	22/0	3/2022
EXHIBIT P8	TRUE COPY OF TH	E REVISION	PE	TITION
	DATED 06/04/2022 PETITIONER.	SUBMITTED	BY	THE
EXHIBIT P9	TRUE COPY OF	THE JUDGME	NT	DATED
	01/06/2022 IN ISSUED BY THIS HO	WP(C)NO. N'BLE COURT	1778	5/2022
EXHIBIT P10	TRUE COPY OF THE	ORDER 514	/201	3/GEDN
	DATED 21/01/2023	ISSUED BY	TH	E 1ST

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WP(C) NO. 4150 OF 2023

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RESPONDENT

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EXHIBIT P11 TRUE COPY OF THE G.O(P)NO.2/2023/GEDN DATED 23/01/2023 ISSUED BY THE 1ST RESPONDENT EXHIBIT P12 TRUE COPY OF THE ORDER DATED 13/12/2022 IN W.A NO.1620/2022 ISSUED BY THIS HON'BLE COURT

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RESPONDENT EXHIBITS: NIL

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//TRUE COPY// PA TO JUDGE

Sayooj Punnakot v. State of Kerala

Case brief

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Sayooj Punnakot v. State of Kerala

Case brief

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