WP(C) NO. 27514 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
WP(C) NO. 27514 OF 2022
PETITIONERS :
1 SMT.LEEMA MURALEEDHARAN,
L.P.S.A., U.M.M. LOWER PRIMARY SCHOOL,
ERAMANGALAM, MALAPPURAM DISTRICT-679 587.
2 SMT. DHANYA. P.M. ,
L.P.S.A., U.M.M. LOWER PRIMARY SCHOOL,
ERAMANGALAM, MALAPPURAM DISTRICT-679 587.
3 SMT. NITHA NASREEN. V. ,
L.P.S.A., U.M.M. LOWER PRIMARY SCHOOL,
ERAMANGALAM, MALAPPURAM DISTRICT-679 587.
4 BEEVATHUTTY. B.P.,
CORPORATE MANAGER C.M.M. UPPER PRIMARY SCHOOL
AND U.M.M. LOWER PRIMARY SCHOOL,
ERAMANGALAM, MALAPPURAM DISTRICT-679 587.
BY ADVS.GEORGE ABRAHAM
JOSEPH GOPURAN
JOBY D JOSEPH
MARY CATHERINE
PRIYANKA P.S.
RESPONDENTS :
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM - 695 014.
WP(C) NO. 27514 OF 2022 2
3 THE DISTRICT EDUCATIONAL OFFICER,
TIRUR, MALAPPURAM DISTRICT- 676 101.
4 ASSISTANT EDUCATIONAL OFFICER,
PONNANI, MALAPPURAM DISTRICT -679 577.
BY SMT NISHA BOSE, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 27514 OF 2022 3
JUDGMENT
The petitioners 1 to 3 contend that they have been appointed as LPSAs in the U.M.M. Lower Primary School, Eramangalam, Malappuram. The 4th petitioner is the corporate manager of the said school.
2. The grievance of the petitioners is that though the proposal for approval of the appointment of the petitioners 1 to 3 was forwarded by the manager to the Assistant Educational Officer (AEO), Ponnani, the same was rejected on the ground that the manager has not appointed protected teachers. Though the said order was challenged by the manager before the appellate authority, the same was turned down by Exts.P11, P12 and P13 orders. Being aggrieved, the petitioners 1 to 3 are stated to have preferred Exts.P18, P19 and P20 revision petitions before the Government seeking approval.
3. When this matter was taken up for consideration, Dr. George Abraham, the learned counsel appearing for the petitioners, submitted that WP(C) NO. 27514 OF 2022 4 the petitioners would be satisfied if directions are issued to the 1st respondent to consider Exts.P18, P19 and P20 within a time frame with due notice.
4. Heard Smt. Nisha Bose, the learned Senior Government Pleader.
5. After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar, and the facts and circumstances, I am of the view that this writ petition can be disposed of at the admission stage itself by issuing the following directions:
a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Exts.P18, P19 and P20 after affording an opportunity of being heard, either physically or virtually, to the petitioners herein or their authorized representatives.
b) Orders, as directed above, shall be passed expeditiously, in any event, within four months from the date of production of a copy of this judgment. WP(C) NO. 27514 OF 2022 5
c) It would be open to the petitioners to produce a copy of the writ petition along with the judgment before the concerned respondent for further action. This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE NS WP(C) NO. 27514 OF 2022 6 APPENDIX OF WP(C) 27514/2022 PETITIONERS' EXHIBITS :
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 15/7/2021 ISSUED BY THE MANAGER.
Exhibit P2 TRUE COPY OF THE JOINING REPORT ISSUED BY THE HEAD MASTER DATED 15/7/2021.
Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER DATED 15/7/2021 ISSUED BY THE MANAGER IN FAVOUR OF THE 2ND PETITIONER.
Exhibit P4 TRUE COPY OF THE JOINING REPORT OF THE 2ND PETITIONER DATED 15/7/2021.
Exhibit P5 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE MANAGER DATED 15/7/2021.
Exhibit P6 TRUE COPY OF THE JOINING REPORT DATED 15/7/2021 OF THE 3RD PETITIONER.
Exhibit P7 TRUE COPY OF THE ORDER PASSED BY THE ASSISTANT EDUCATIONAL OFFICER, PONNANI DATED 6/7/2021. Exhibit P8 TRUE COPY OF THE ORDER NO. C/14116/2021 DATED 24/9/2021 PASSED BY THE ASSISTANT EDUCATIONAL OFFICER WITH RESPECT TO THE 1ST PETITIONER. Exhibit P9 TRUE COPY OF THE ORDER NO. C/14117/2021 DATED 24/9/2021 ISSUED BY THE ASSISTANT EDUCATIONAL OFFICER WITH RESPECT TO 2ND PETITIONER. Exhibit P10 TRUE COPY OF THE ORDER NO. C/14115/2021 DATED 24/9/2021 PASSED BY THE ASSISTANT EDUCATIONAL OFFICER.
Exhibit P11 TRUE COPY OF THE ORDER NO. B4/195741/2021 DATED 3/2/2022 PASSED BY THE DISTRICT EDUCATIONAL OFFICER, TIRUR.
WP(C) NO. 27514 OF 2022 7Exhibit P12 TRUE COPY OF THE ORDER NO. B4/195921/2021 DATED 3/2/2022 PASSED BY THE DISTRICT EDUCATIONAL OFFICER, TIRUR.
Exhibit P13 TRUE COPY OF THE ORDER NO. B4/195743/2021 DATED 3/2/2022 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, TIRUR WITH RESPECT TO THE 2ND PETITIONER.
Exhibit P14 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM DATED 3/11/2021 APPOINTING A PROTECTED TEACHER NAMELY SHRI K.D. DEEPAK TO THE PETITIONER'S SCHOOL.
Exhibit P15 TRUE COPY OF THE JOINING REPORT ISSUED BY THE HEAD MASTER DATED 3/11/2021.
Exhibit P16 TRUE COPY OF THE PROCEEDINGS OF DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM DATED 3/11/2021. Exhibit P17 TRUE COPY OF THE JOINING REPORT DATED 3/11/2021.
Exhibit P18 TRUE COPY OF THE REVISION PETITION FILED UNDER RULE 92 BY THE 1ST PETITIONER DATED 17/8/22 Exhibit P19 TRUE COPY OF THE REVISION PETITION FILED BY THE 2ND PETITIONER DATED 17/8/22.
Exhibit P20 TRUE COPY OF THE REVISION FILED BY THE 3RD PETITIONER DATED 17.8.22.
RESPONDENT(S) EXHIBITS : NIL