High Court Kerala High Court

Joji K.John vs State Of Kerala on 2 August, 2007

Kerala High Court
Joji K.John vs State Of Kerala on 2 August, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 23626 of 2007(K)


1. JOJI K.JOHN, HSST CHEMISTRY,
                      ...  Petitioner
2. SANITHA ELIZEBETH SUNNY,

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. DIRECTOR OF HIGHER SECONDARY EDUCATION,

3. THE MANAGER, ST. MARY'S HSS,

                For Petitioner  :SRI.BENOY THOMAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice A.K.BASHEER

 Dated :02/08/2007

 O R D E R
                             A.K. BASHEER, J.
                             --------------------------
                        W.P.(C). NO. 23626 OF 2007
                               ---------------------
                    Dated this the 2ndday of August, 2007

                              J U D G M E N T

Petitioners claim that they were appointed by respondent No.3/ the

manager, in St. Mary’s Higher Secondary School, Manarcadu, Kottayam as

Higher Secondary School Teachers (Junior) in Chemistry and Mathematics

respectively with effect from September 25, 2006.

2. It is contended by them that the above appointment was made

pursuant to the selection made by the Committee, which included a

Government nominee also. The proposal for approval of appointment of

petitioners along with that of another teacher namely, Smt. Merlyn John,

who was appointed as HSST (Junior) in Chemistry, was forwarded to the

Director of Higher Secondary Education, Thiruvananthapuram.

3. The Regional Deputy Director of Higher Secondary Education at

Ernakulam, has by Ext.P5 communication dated July 2, 2007, informed the

Manager that the appointments made by him were in clear violation of the

prevailing Government Orders particularly in G.O.(MS)No.

398/2002/G.Edn. dated November 29, 2002. Various contentions have

been raised by the petitioners in support of their plea that the manager was

fully justified in making the appointments. Particular reference has been

made to the staff fixation order, issued by the Director.

WPC NO.23626/07 Page numbers

4. Anyhow, I do not propose to deal with those contentions at this

stage in view of the limited prayer made by learned counsel for the

petitioners at the Bar. He submits that petitioners have preferred Ext.P8

revision petition before respondent No.1 against Ext.P5 order highlighting

all the relevant aspects of the issue. The limited prayer is to issue a

direction to respondent No.1 to take a decision on Ext.P8 expeditiously.

In the above facts and circumstances, the writ petition is disposed

of with a direction to respondent No.1 to consider and pass orders on

Ext.P8 strictly on its merit and in accordance with law, as expeditiously as

possible, at any rate within four months from the date of receipt of a copy of

this judgment. Respondent No.1 shall ensure that the petitioners, the

manager and all others who are likely to be affected by any order that may

be passed by him, are afforded sufficient opportunity to be heard before

any decision is taken in the matter. Petitioners shall produce a certified

copy of the judgment along with a copy of the writ petition before

respondent No.1 for compliance.




                                                   A.K. BASHEER, JUDGE


vps

WPC NO.23626/07    Page numbers




                                 A.K. BASHEER, JUDGE


                                       OP NO.20954/00



                                           JUDGMENT


                                      1ST MARCH, 2007

WPC NO.23626/07    Page numbers