The State Of Kerala vs. Aparna Mohan

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 6875-6876 OF 2023 (@ OUT OF SLP(C) No(s).2664-2665/2022)

THE STATE OF KERALA & ORS. Appellant(s)

VERSUS

KARTHIK K. & ANR. Respondent(s)

with

CIVIL APPEAL NO. 006879 - 006880 OF 2023 (@ OUT OF SLP((C) No(s).3239-3240/2022)

CIVIL APPEAL NO. 6877 - 006878 OF 2023 (@ OUT OF SLP(C) No. 3235-3236/2022)

CIVIL APPEAL NO. 6882OF 2023 (@ OUT OF SLP(C) No.23996/2023) (@ OUT OF Diary No(s). 26680/2022)

CIVIL APPEAL NO. 6881 OF 2023 (@ OUT OF SLP(C) No. 14471/2022

CIVIL APPEAL NO. 6883 OF 2023 (@ OUT OF SLP(C) No. 20285/2022)

CIVIL APPEAL NO. 6884 OF 2023 (@ OUT OF SLP(C) No. 22493/2022)

CIVIL APPEAL NO.6885 / 2023 ((@ OUT OF SLP(C) No.23997 /2023) (@ OUT OF Diary No(s). 37624/2022)

CIVIL APPEAL NO. 6886 OF 2023 ((@ OUT OF SLP(C) No.23998 /2023) (@ OUT OF Diary No(s). 8024/2023)

CIVIL APPEAL NO. 6887 OF 2023 ((@ OUT OF SLP(C) No.23999 /2023) (@ OUT OF Diary No(s). 19830/2023)

CIVIL APPEAL NO. 6889OF 2023 ((@ OUT OF SLP(C) No.13263/2023

CIVIL APPEAL NO. 6888 OF 2023 (@ OUT OF SLP(C) No.24000/2023) (@ OUT OF Diary No(s). 19839/2023)

ORDER

Delay condoned.

Leave granted.

Heard Mr. C.K. Sasi, learned Counsel appearing for the State of Kerala. And also heard Mr. Romy Chacko, learned counsel appearing for the respondent(s).

The records show that the Peon's post is mandated even for non-economic schools. The respective respondents were appointed as Peons in different schools. The authorities, however, refused to approve appointment of the Peons by placing reliance on the G.O. dated 25.03.2013, which governs regularization of non-teaching staff, in schools.

The judgment(s) of the learned Single Judge directing

consideration of the respondents for regularization as upheld by the Division Bench are noted. We have also considered the reasonings in the impugned judgment.

Looking at the scheme of things and particularly, taking note of the mandated post(s) of Peon in each school, economic or otherwise, we see no reason to entertain these appeals.

The appeals are accordingly dismissed leaving the parties to bear their own cost.

..……………………J. [HRISHIKESH ROY]

..……………………J. [SANJAY KAROL]

New Delhi October 18, 2023

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 2664-2665/2022

(Arising out of impugned final judgment and order dated 10-11-2021 in W.A. No. 1435/2021 16-12-2021 in RP No. 902/2021 passed by the High Court Of Kerala At Ernakulam)

THE STATE OF KERALA & ORS. Petitioner(s)

VERSUS

KARTHIK K. & ANR. Respondent(s)

(FOR ADMISSION and I.R. and IA No.24405/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

WITH SLP(C) No. 3239-3240/2022 (XI-A) (IA No. 26658/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

SLP(C) No. 3235-3236/2022 (XI-A) (IA No. 26581/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Diary No(s). 26680/2022 (XI-A) (IA No. 148351/2022 - CONDONATION OF DELAY IN FILING IA No. 148353/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

SLP(C) No. 14471/2022 (XI-A) (For admission and IR;IA No. 110371/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

SLP(C) No. 20285/2022 (XI-A) (IA No. 170212/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

SLP(C) No. 22493/2022 (XI-A) (IA No. 190174/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Diary No(s). 37624/2022 (XI-A) (IA No. 181107/2022 - CONDONATION OF DELAY IN FILING IA No. 181108/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

ITEM NO.22 COURT NO.9 SECTION XI-A

Diary No(s). 8024/2023 (XI-A) (IA No. 42775/2023 - CONDONATION OF DELAY IN FILING IA No. 42773/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 19830/2023 (XI-A) (FOR ADMISSION and I.R. and IA No.122622/2023-CONDONATION OF DELAY IN FILING and IA No.122623/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(C) No. 13263/2023 (XI-A) (IA No.124001/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 19839/2023 (XI-A) (FOR ADMISSION and I.R. and IA No.195322/2023-CONDONATION OF DELAY IN FILING and IA No.195326/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.195323/2023-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS) Date : 18-10-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE SANJAY KAROL For Petitioner(s) Mr. C. K. Sasi, AOR Ms. Meena K Poulose, Adv. For Respondent(s) Mr. Romy Chacko, AOR UPON hearing the counsel the Court made the following O R D E R Delay condoned. Leave granted. The appeals are dismissed in terms of the signed order. Pending applications, if any, shall stand disposed of. (INDU MARWAH) (KAMLESH RAWAT) COURT MASTER (SH) ASSISTANT REGISTRAR

(signed order is placed on the file)