2025:KER:28389 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 13674 OF 2025 PETITIONER: SREEHARI.V AGED 46 YEARS, S/O K.K. VIJAYAN, H.S.A. (HINDI), HOLY FAMILY HIGHER SECONDARY SCHOOL, MUTTOM P.O., CHERTHALA, ALAPPUZHA DISTRICT, PIN – 690511. BY ADVS. GEORGE ABRAHAM MARY CATHERINE PRIYANKA P.S. ALEX TOM JOSEPH RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. 2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN – 695014. W.P.(C)No.13674 of 2025 :2: 2025:KER:28389 3 THE DEPUTY DIRECTOR OF EDUCATION, NEAR CIVIL STATION, ALAPPUZHA, PIN – 688001. 4 THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, CHERTHALA, ALAPPUZHA, PIN – 688524. 5 THE CORPORATE MANAGER, ST. MARY’S FORINE CHURCH SCHOOLS, MUTTOM P.O.,CHERTHALA, ALAPPUZHA DISTRICT, PIN – 690511. BY ADV.SRI.V.VENUGOPAL, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.13674 of 2025 :3: 2025:KER:28389 J U D G M E N T Dated this the 3rd day of April, 2025 The petitioner was initially appointed as Full Time Menial at St. Mary’s Girls High School, Cherthala on 12.02.2002. The appointment of the petitioner was approved with effect from 28.03.2003 only for the reason that Sri. V.S. Varghese, who was promoted as Lab Assistant was given approval only from the said date. 2. Later, the petitioner was promoted as L.G. Hindi Teacher with effect from 01.07.2004 and posted at St.Mary’s Girls High School, Cherthala. The said appointment was approved by the Department. Later, the petitioner was further promoted as H.S.A (Hindi) from 01.06.2015 to W.P.(C)No.13674 of 2025 :4: 2025:KER:28389 31.07.2017 in a leave vacancy. The said appointment was also approved by the Department. 3. Still later, the petitioner was again reappointed in another vacancy as H.S.A (Hindi) from 01.06.2017 to 31.05.2019. While working in the said leave vacancy, a permanent vacancy arose in the School. Accordingly, the petitioner was appointed as H.S.A (Hindi) from 01.06.2018 onwards and the said appointment was approved by the Department. 4. The grievance of the petitioner is that for the period from 12.02.2002 to 27.03.2003, the approval of appointment of the petitioner as Full Time Menial is not granted. The further grievance of the petitioner is that approval of appointment of the petitioner as H.S.A. Hindi with effect from 01.06.2017 to 26.10.2017 is not approved. As against non- approval of appointment of the petitioner as Full Time Menial, W.P.(C)No.13674 of 2025 :5: 2025:KER:28389 the appointee, namely, Sri. V.S. Varghese approached the Hon’ble Supreme Court and based on the directions issued by the Hon’ble Supreme Court, approval of appointment of Sri. V.S. Varghese from 12.02.2002 was approved on notional basis. 5. Accordingly, the petitioner also prays that his appointment as Full Time Menial may be approved continuously from 12.02.2002 onwards. As against non-approval of appointment of the petitioner as H.S.A (Hindi) from 01.06.2017 to 26.10.2017, the Department took a stand that Manager’s appointment was approved only from 27.10.2017 and therefore, the prior period of appointment of the petitioner cannot be approved. 6. In the academic year 2017-2018, there was bifurcation among the Schools under the Ernakulam-Angamaly Diocese. Accordingly, a new Corporate Educational Agency W.P.(C)No.13674 of 2025 :6: 2025:KER:28389 was established. Till the establishment of the new Corporate Educational Agency, the previous Manager was continuing and therefore restricting the approval from the date of approval of the Manager from 27.10.2017 is arbitrary. The petitioner, accordingly, moved a comprehensive revision as per Ext.P12 and the same is pending. The petitioner seeks for a direction to the 1st respondent to consider and pass orders on Ext.P12. 7. I have heard the learned Counsel for the petitioner and the learned Senior Government representing respondents 1 to 4. 8. The petitioner would urge that the petitioner has moved a revision before the 1st respondent as per Ext.P12. It remains unattended. Ext.P12 being a statutory revision petition, I am of the view that the 1st respondent has a duty to consider the same and pass orders thereon in accordance with law within a reasonable time. W.P.(C)No.13674 of 2025 :7: 2025:KER:28389 The writ petition is accordingly disposed of directing the 1st respondent to consider Ext.P12 revision petition and pass appropriate orders thereon within a period of four months after giving an opportunity of hearing to the petitioner. Sd/- N. NAGARESH JUDGE ams W.P.(C)No.13674 of 2025 :8: 2025:KER:28389 APPENDIX OF WP(C) 13674/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE APPOINTMENT ORDER DATED 12/02/2002 ISSUED BY THE CORPORATE MANAGER Exhibit P2 A TRUE COPY OF THE APPROVAL ORDER NO. ACD. C3/118599/HSE/01 DATED 31/03/2005 ISSUED BY THE DIRECTOR, HIGHER SECONDARY EDUCATION Exhibit P3 A TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE MANAGER DATED 01/07/2004 Exhibit P4 A TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE CORPORATE MANAGER DATED 01/06/2015 Exhibit P5 A TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 23/09/2021 APPROVING THE APPOINTMENT OF THE PETITIONER AS H.S.A (HINDI) Exhibit P6 A TRUE COPY OF THE ORDER ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, CHERTHALA DATED 09/06/2022 Exhibit P7 A TRUE COPY OF THE GOVERNMENT ORDER, G.O.(MS) NO. 146/2018/G.EDN. DATED 08/10/2018 Exhibit P8 A TRUE COPY OF THE PROCEEDINGS NO.617/C2/2021/RDD/CNGR DATED 10/02/2021 OF THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, W.P.(C)No.13674 of 2025 :9: 2025:KER:28389 CHENGANNOOR Exhibit P9 A TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 26/07/2021 Exhibit P10 A TRUE COPY OF THE ORDER NO. EC1/10127/2020/D.G.E DATED 11/05/2021 ISSUED BY THE 2ND RESPONDENT Exhibit P11 A TRUE COPY OF THE ORDER NO. B4/24363/2021 DATED 12/10/2022 PASSED BY THE DEO, CHERTHALA Exhibit P12 A TRUE COPY OF THE REVISION PETITION DATED 30/03/2005 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT WITHOUT ANNEXURES