Petitioner, a clerk, seeks higher grade award. Single-judge High Court of Kerala disposed of writ petition by directing 1st Respondent to consider revision petition within four months after giving hearing.
Direction to 1st Respondent to consider Ex.P7 after giving hearing to Petitioner within four months from receipt of certified copy.
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
MONDAY, THE 22ND DAY OF JANUARY 2024 / 2ND MAGHA, 1945
WP(C) NO. 2427 OF 2024
PETITIONER(S):
MONACHEN.T AGED 50 YEARS S/O. A MARIYAMMA CLERK, CHEMMENTHOOR H.S, PUNALUR, KOLLAM DISTRICT- ( RESIDING AT VENGAVILA VEEDU, THUMPODU, NELLIPALLI, PIN - 691331 BY ADVS. V.A.MUHAMMED M.SAJJAD
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM, PIN - 695001
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 2427 OF 2024
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C)No. 2427 of 2024
Dated this the 22nd day of January, 2024
JUDGMENT
The above writ petition is filed with the following
prayers:
“ (i) issue a writ of certiorari or other appropriate writ, order or direction to quash Exhibit P-6
(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondent to sanction first time bound Higher Grade to the Petitioner in the Scale just above the scale of Clerk by reckoning the service of Last Grade Category also
(iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st Respondent to take a decision on Exhibit P-7 adverting to Exhibit P-4 with notice to the Petitioner in a time bound manner.
(iv) to dispense with filing of English translation
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WP(C) NO. 2427 OF 2024
of vernacular documents produced along with the Writ Petition.
(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. 2427 OF 2024
attached to the post of Clerical Category. Accordingly, petitioner is entitled to get 22 years of service w.e.f. 14.07.2021 reckoning his Last Grade Service, is the submission. Petitioner submitted Ext.P7 before the 1st respondent. The grievance of the petitioner is that the same is not considered. Hence this Writ petition is filed.
Therefore, this Writ petition is disposed of in the following manner:
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WP(C) NO. 2427 OF 2024
an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a stamped certified copy of this judgment.
respondent will consider the applicability of Ext.P4 also.
Sd/-
P.V.KUNHIKRISHNAN JUDGE
DM
WP(C) NO. 2427 OF 2024
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APPENDIX OF WP(C) 2427/2024
PETITIONER EXHIBITS
| EXHIBIT P1 | TRUE COPY OF THE | APP | OINTMENT ORDER |
|---|---|---|---|
| OF THE PETITION 16.10.1998 |
ER A | S FTM DATED | |
| EXHIBIT P2 | TRUE COPY OF THE | PROM | OTION ORDER OF |
| THE PETITIONER 29.04.2006 |
AS | PEON DATED | |
| EXHIBIT P3 | TRUE COPY OF THE | PROM | OTION ORDER OF |
| THE PETITIONER 01.08.2017 |
AS | CLERK DATED | |
| EXHIBIT P4 | TRUE COPY OF | THE | GO ( RT) |
| NO.5239/2023 G.EDN ISSUED BY THE GOVE |
DA RNMEN |
TED 18.09.2023 T |
|
| EXHIBIT P5 | TRUE COPY OF T | HE | REPRESENTATION |
| DATED 13.11.2023 | SUB | MITTED BEFORE | |
| THE DISTRICT ED PUNALUR |
UCAT | IONAL OFFICER | |
| EXHIBIT P6 | TRUE COPY OF | THE | LETTER NO. |
| DEOPLR/2581/2023- | B2 DATED |
||
| 08.12.2023 BY EDUCATIONAL OFFICE |
T R PUN |
HE DISTRICT ALUR |
|
| EXHIBIT P7 | TRUE COPY OF THE | REV | ISION PETITION |
| SUBMITTED BEFORE | TH | E GOVERNMENT | |
| DATED 22.12.2023 |
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
3 issues framed by the court
Whether the Ex-Peon/Clerk petitioner is entitled to Higher Grade reckoning Last Grade Service under G.O. No.5239/2023.
Whether the 1st Respondent should consider the Revision Petition (Ex.P7) regarding Higher Grade sanction.
Whether the writ petition needs to be retained for detailed consideration or disposed of via direction.
1 provisions across 1 enactments
MONACHEN.T
STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT
THE DIRECTOR OF GENERAL EDUCATION
THE DEPUTY DIRECTOR OF EDUCATION
THE DISTRICT EDUCATIONAL OFFICER
THE CORPORATE MANAGER
P.V.KUNHIKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
