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High Court of KeralaWP(C)/30010/2014disposed of

Jesson J.Kakkassery v. The State Of Kerala

2015-07-07Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 7TH DAY OF JULY 2014/16TH ASHADHA, 1936 WP(C).No. 30010 of 2014 (A) ------------------------------------------- PETITIONER(S):

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1. JESSON J.KAKKASSERY AGED 37 YEARS D/O.JOSE, HIGHER SECONDARY SCHOOL TEACHER, (ECONOMICS) MIC AL AMEEN HIGHER SECONDARY SCHOOL, THRISSUR KECHERY, THRISSUR DISTRICT.

2. T.BEENA DAVID AGED 42 YEARS W/O.VARGHESE, HIGHER SECONDARY SCHOOL TEACHER (POLITICAL SCIENCE) MIC AL AMEEN HIGHER SECONDARY SCHOOL, THRISSUR KECHERY, THRISSUR DISTRICT.

3. A.N.KRISHNA KUMAR AGED 55 YEARS W/O.RAVI, HIGHER SECONDRY SCHOOL TEACHER, (MALAYALAM) ST.JOSEPH'S & ST.CYRIL'S HIGHER SECONDARY SCHOOL WEST MANGAD, P.O.WEST MANGAD, KUNNAMKULAM THRISSUR DISTRICT, PIN 680542.

4. MARY LETTY.K.PUTHOOR AGED 53 YEARS W/O.KURIAKKU, HIGHER SECONDARY SCHOOL TEACHER (MATHEMATICS) ST.JOSEPH'S & ST. CYRIL'S HIGHER SECONDARY SCHOOL WEST MANGAD, P.O.WEST MANGAD, KUNNAMKULAM THRISSUR DISTRICT, PIN 680542.

5. BINDU A.K. AGED 40 YEARS D/O.CHANDRASEKHARAN, HIGHER SECONDARY SCHOOL TEACHER (ECONOMICS) ST.JOSEPH'S & ST.CYRIL'S HIGHER SECONDARY SCHOOL WEST MANGAD, P.O.WEST MANGAD, KUNNAMKULAM THRISSUR DISTRICT, PIN 680542.

6. ARCHANA ROSE.M.L. AGED 29 YEARS W/O.ANTO HIGHER SECONDARY SCHOOL TEACHER (PSYCHOLOGY) ST.JOSEPH'S & ST.CYRIL'S HIGHER SECONDARY SCHOOL WEST MANGAD, P.O.WEST MANGAD, KUNNAMKULAM THRISSUR DISTRICT, PIN 680542.

7. NICY.O.V. AGED 31 YEARS W/O.DAISON, HIGHER SECONDARY SCHOOL TEACHER (CHEMISTRY) ST.JOSEPH'S & ST.CYRIL'S HIGHER SECONDARY SCHOOL WEST MANGAD, P.O.WEST MANGAD, KUNNAMKULAM THRISSUR DISTRICT, PIN 680542.

8. BIJI DAVID.T AGED 40 YEARS W/O.BIJU, HIGHER SECONDARY SCHOOL TEACHER, (POLITICS) ST.JOSEPH'S & ST.CYRIL'S HIGHER SECONDARY SCHOOL WEST MANGAD, P.O.WEST MANGAD, KUNNAMKULAM THRISSUR DISTRICT, PIN 680542.

9. ANI.C.F. AGED 30 YEARS D/O.FRANCIS, HIGHER SECONDARY SCHOOL TEACHER (HISTORY) ST.JOSEPH'S & ST.CYRIL'S HIGHER SECONDARY SCHOOL WEST MANGAD, P.O.WEST MANGAD, KUNNAMKULAM THRISSUR DISTRICT, PIN 680542.

BY ADVS.SRI.P.G.SURESH SRI.G.SUDHEER (THURAVOOR) SRI.RAJAN VISHNURAJ SRI.V.HARISH RESPONDENT(S):

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1. THE STATE OF KERALA REPRESENTED THROUGH ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695001.

2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION SANTHI NAGAR, THIRUVANANTHAPURAM, 695001.

3. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION REGIONAL OFFICE, EDAPPILLY P.O., ERNAKULAM 682030.

R BY GOVERNMENT PLEADER,SRI. RINNY STEPHEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-07-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 30010 of 2014 (A) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1: A TRUE COPY OF GO.(MS) NO.128/2010/G.EDN DATED 20.07.2010 ISSUED BY THE 1ST RESPONDENT WITH TRUE TRANSLATION.

EXHIBIT-P2: A TRUE COPY OF THE GO.(MS) NO.211/G.EDNDATED 24.10.2011, WITH TRUE TRANSLATION.

EXHIBIT-P3: A TRUE COPY OF THE GO (MS)76/2013/G.EDN DTED 23.02.2013. EXHIBIT-P4: A TRUE COPY OF THE GO(MS) 261/2001/G.EDN DATED 17.08.2001. EXHIBIT-P5: A TRUE COPY OF THE GO(MS) 466/05/G.EDN DATED 31.12.2005. EXHIBIT-P6: A TRUE COPY OF THE GO(MS) 28/2007/G.EDN DATED 07.02.2007. EXHIBIT-P7: A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.20849/2013 DATED 19.09.2014 BY THE HONOURABLE HIGH COURT.

RESPONDENT(S)' EXHIBITS --------------------------------------- nil // True copy // das PA to Judge

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 30010 of 2014 ===================================================== Dated this the 7th day of July, 2015

JUDGMENT

The issue involved in the writ petition is squarely covered in favour of the petitioners by Ext.P7 judgment of this Court. Accordingly, the writ petition is allowed, by holding that Ext.P3 Government Order, in its application to the petitioners, shall have effect from the commencement of the academic year 2011-2012 and subject to a physical verification as to whether the petitioners stood qualified for the post of HSST in terms of Rule 1 (d) of Chapter XXXII of the KER.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das