2025:KER:30249 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 14594 OF 2025 PETITIONER: SAHADEVAN K.P. AGED 55 YEARS S/O M. KELAPPAN, H.S.T.(MATHEMATICS), S.N.M. HIGHER SECONDARY SCHOOL PARAPPANANGADI, PARAPPANANGADI P.O., MALAPPURAM DISTRICT– 676 303, RESIDING AT NEELOLPALAM HOUSE, NADAKKUTHAZHA P.O, VADAKARA, KOZHIKODE DISTRICT., PIN - 673104 BY ADV J.G.SYAMNATH RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCATION, JAGATHY P.O., THIRUVANANTHAPURAM., PIN - 695014 3 THE DISTRICT EDUCATIONAL OFFICER TIRURANGADI, TIRURANGADI P.O., PARAPPANANGADI, MALAPPURAM., PIN - 676306 2025:KER:30249 WP(C) No.14594 of 2025 2 4 THE MANAGER S.N.M. HIGHER SECONDARY SCHOOL PARAPPANANGADI, PARAPPANANGADI P.O., MALAPPURAM DISTRICT., PIN - 676303 5 BINNI P. H.S.T.(MATHEMATICS), S.N.M. HIGHER SECONDARY SCHOOL PARAPPANANGADI, PARAPPANANGADI P.O., MALAPPURAM DISTRICT., PIN - 676303 6 BINDU P.C. H.S.T.(MATHEMATICS), S.N.M. HIGHER SECONDARY SCHOOL PARAPPANANGADI, PARAPPANANGADI P.O., MALAPPURAM DISTRICT., PIN – 676303 BY ADV. SRI. V. VENUGOPAL, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30249 WP(C) No.14594 of 2025 3 JUDGMENT Dated this the 8th day of April, 2025 The petitioner, currently serving as HST (Mathematics), was appointed in a leave vacancy from 05.06.2002, which later became a regular vacancy due to the resignation of the incumbent with retrospective effect from 01.12.1998. 2. Despite continuous service and approval of appointments, the 2nd respondent rejected the proposal for regularisation from 05.06.2002, overlooking the binding precedents. In other similar cases, regularisation was granted. The rejection is based on invalid Government Order already quashed by the Hon’ble Apex Court. This order cannot also be made applicable in the instant case. Moreover, denial of regularisation while similarly placed individuals were granted 2025:KER:30249 WP(C) No.14594 of 2025 4 such benefits amounts to discrimination and violation of Article 14 of the Constitution of India. The petitioner and the 4th respondent have submitted Revision Petitions before the 1st respondent, which remain pending. Aggrieved by the arbitrary rejection and administrative inaction, the petitioner has filed this writ petition. 3. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 3. 4. Government Pleader submits that if Exts.P9 and P10 are received and pending, the same can be considered in accordance with law, those being statutory Revision Petitions. The writ petition is therefore disposed of directing the 1st respondent to consider Exts.P9 and P10 Revision Petitions and take appropriate decision thereon, as expeditiously as 2025:KER:30249 WP(C) No.14594 of 2025 5 possible taking note of the fact that the petitioner is to retire on 31.05.2025, after granting opportunity of hearing to the petitioner and the Manager. Sd/- N.NAGARESH JUDGE spk 2025:KER:30249 WP(C) No.14594 of 2025 6 APPENDIX OF WP(C) 14594/2025 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 4TH RESPONDENT DATED 05- 06-2002 Exhibit-P2 A TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 4TH RESPONDENT DATED 01- 12-2003 Exhibit-P3 A TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 4TH RESPONDENT DATED 01- 12-2008 Exhibit-P4 A TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 4TH RESPONDENT DATED 01- 06-2010 Exhibit-P5 A TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 28-01-2019 Exhibit-P6 A TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 27-02-2025 Exhibit-P7 A TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 07-03-2019 Exhibit-P8 A TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 18-07-2021 Exhibit-P9 A TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 01-04-2025 2025:KER:30249 WP(C) No.14594 of 2025 7 Exhibit-P10 A TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 1ST RESPONDENT DATED 24-03-2025