High Court of KeralaWP(C)/25748/2014disposed of

Aneesh Antony v. State Of Kerala

2015-08-05Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 5TH DAY OF AUGUST 2015/14TH SRAVANA, 1937 WP(C).No. 25748 of 2014 (P) --------------------------------------- PETITIONER(S):

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1. ANEESH ANTONY, H.S.S.T.(JUNIOR) COMPUTER APPLICATION, I.J.M.H.S.S. KOTTIYOOR, KANNUR DISTRICT.

2. JISHA M.V, H.S.S.T.(JUNIOR), PHYSICS, CHAPPARAPPADAVA H.S.S. CHAPPARAPPADAVA.P.O., KANNUR DISTRICT.

3. RINTEENA MARY V, H.S.S.T. (JUNIOR) CHEMISTRY, CHAPPARAPPADAVA H.S.S., CHAPPARAPPADAVA.P.O., KANNUR DISTRICT.

4. BIJUL K, H.S.S.T.(JUNIOR) MATHEMATICS, CHAPPARAPPADAVA H.S.S. CHAPPARAPPADAVA.P.O., KANNUR DISTRICT.

5. JIMMY JOSEPH, H.S.S.T.(SENIOR) COMMERCE, A.J.JOHN MEMORIAL H.S.S. CHATHANGOTTU NADA, KAVILUMPARA (VIA), KOZHIKODE DISTRICT. BY ADVS.DR.K.P.SATHEESAN (SR.) SRI.M.R.JAYAPRASAD RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY GENERAL EDUCATION(T) DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION OFFICE OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDING, SANTHI NAGAR THIRUVANANTHAPURAM-695 001.

3. THE JOINT DIRECTOR (ACADEMIC) OFFICE OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDING, SANTHI NAGAR THIRUVANANTHAPURAM-695 001.

4. THE REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, KANNUR.

5. THE REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, KOZHIKODE-673 001. R BY GOVERNMENT PLEADER, SMT. M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 25748 of 2014 (P) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1TRUE COPY OF THE ORDER NO.A6/931/2014 DATED 07.04.2014 ISSUED BY THE 4TH RESPONDENT.

EXT.P2TRUE COPY OF ORDER NO.A7/946/2014/K.DIS DATED 29.05.2014 ISSUED BY THE 4TH RESPONDENT IN RESPECT OF THE 2ND PETITIONER.

EXT.P3TRUE COPY OF NO.A7/945/2014/K.DIS DATED 28.05.2014 ISSUED BY THE 4TH RESPONDENT IN RESPECT OF THE 3RD PETITIONER. EXT.P4TRUE COPY OF ORDER NO.A7/942/2014/K.DIS DATED 29.05.2014 ISSUED BY THE 4TH RESPONDENT IN RESPECT OF THE 4TH PETITIONER.

EXT.P5TRUE COPY OF ORDER NO.A1/12688/2013 K.DIS DATED 17.07.2014 ISSUED BY THE 4TH RESPONDENT IN RESPECT OF THE 5TH PETITIONER.

EXT.P6TRUE COPY OF MINUTES OF THE STAFF SELECTION COMMITTEE OF THE 3RD PETITIONER'S SCHOOL.

EXT.P7TRUE COPY OF DIRECTION GIVEN BY THE 2ND RESPONDENT TO RESPONDENTS 4 AND 5 DATED 19.12.2013.

EXT.P8TRUE COPY OF APPOINTMENT ORDERS ISSUED TO THE 1ST PETITIONER.

EXT.P8(a)- TRUE COPY OF APPOINTMENT ORDERS ISSUED TO THE 2ND PETITIONER.

EXT.P8(b)- TRUE COPY OF APPOINTMENT ORDERS ISSUED TO THE 3RD PETITIONER EXT.P8(c)- TRUE COPY OF APPOINTMENT ORDERS ISSUED TO THE 4TH PETITIONER EXT.P8(d)- TRUE COPY OF APPOINTMENT ORDERS ISSUED TO THE 5TH PETITIONER EXT.P9TRUE COPY OF PETITION SUBMITTED BY THE 1ST PETITIONER. EXT.P9(a)- TRUE COPY OF PETITION SUBMITTED BY THE 5TH PETITIONER EXT.P10TRUE COPY OF JUEGMENT DATED 10.01.2006 IN WP(C)No,10845/2005 EXT.P11TRUE COPY OF JUDGMENT DATED 22.05.2012 IN WP(C)No.5709/2007 PUBLISHED IN THE WEBSITE OF THIS HON'BLE COURT. EXT.P12TRUE COPY OF THE ORDER No.B3/5085/RDEE/HSE/2013 DATED 14.06.2013 ISSUED BY THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, ERNAKULAM.

EXT.P13TRUE COPY OF ORDER No.B3/5086/RDDE/HSE/2013 DATED 19.06.2013 ISSUED BY THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, ERNAKULAM.

EXT.P14TRUE COPY OF LETTER WRITTEN BY THE 2ND RESPONDENT TO THE FIRST RESPONDENT DATED 11.04.2013.

EXT.P15TRUE COPY OF GO(MS) 211/2013/G.Edn DATED 15.07.2013. EXT.P16TRUE COPY OF INTERIM ORDER DATED 23.06.2014 PASSED BY THIS HON'BLE COURT IN WP(C)No.7660/14 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL // True copy // PA to Judge das

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 25748 of 2014 ===================================================== Dated this the 5th day of August, 2015

JUDGMENT

The issue involved in the writ petition is covered by the decision of this court in the judgment dated 01.06.2015 in Writ Petition No.16683 of 2014. Accordingly, Ext.P15 Government Order in its application to the petitioners shall have effect from the commencement of the academic year 2011-2012, when the petitioners were actually appointed in the school and subject to physical verification as to whether the petitioners to qualify for the respective posts as on that date. The respondents shall ensure that the approval of the appointments of the petitioners is from their actual date of appointment, subject to the above observations. I make it clear that the respondents shall disburse all consequential benefits to the petitioners pursuant to their appointment as directed, within a period of three months from the date of receipt of a copy of this judgment.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das