WP(C) NO. 20402 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 20402 OF 2022
PETITIONER/S:
SHINY JACOB
AGED 52 YEARS
W/O RAJU, NOW WORKING AS HIGH SCHOOL TEACHER (HINDI),
SACRED HEART HIGH SCHOOL, AYAVANA, MUVATTUPUZHA,
ERNAKULAM DISTRICT, PIN-686 668.
BY ADV PAULSON THOMAS
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
2 DIRECTOR,
GENERAL EDUCATION DEPARTMENT, JAGATHY,
THIRUVANANTHAPURAM, PIN-695 005
3 DISTRICT EDUCATIONAL OFFICER
MUVATTUPUZHA, PIN-686 661.
4 CORPORATE MANAGER,
CORPORATE EDUCATIONAL AGENCY,
DIOCESE OF KOTHAMANGALAM, PIN-686 691.
SMT. NISHA BOSE, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20402 OF 2022 2
JUDGMENT
The petitioner states that she is presently working as High School Teacher in the S.H. High School, Ayavana, an aided school managed by the 4th respondent. It is contended that the proposal for approval of her appointment was rejected by the educational authorities on the ground that she will not fall into the category of a Rule 51A claimant. The petitioner asserts that after rejecting the proposal for approval, the Government has come out with Ext.P4 Government Order. The petitioner states that, based on Ext.P4 Government Order, certain appointees were granted approval. In the light of Ext.P4, the Manager has resubmitted the proposal for approval. However, the same was rejected by Ext.P9 order on the sole ground that the petitioner was not a party to Exts.P5 or P6 Government Orders. Being aggrieved, the petitioner is stated to have preferred Ext.P10 revision petition before the 1st respondent which is pending.
2. When this matter came up for consideration, Sri. Paulson Thomas, the learned counsel appearing for the petitioner submitted that the request of the petitioner at this stage is for the issuance of directions to the 1st WP(C) NO. 20402 OF 2022 3 respondent to consider Ext.P10 revision petition in the light of Exts.P4, P6, P6(a) and P7, untrammeled by the earlier rejection order.
3. I have heard the learned Government Pleader. In the nature of the order that I propose to pass, notice to the 4th respondent is dispensed with.
4. 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 Ext.P10 revision petition in the light of Exts.P4, P6, P6(a) and P7, untrammeled by the earlier rejection order, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorised representative and the 4th respondent.
b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of two months from the date of production of a copy of this judgment.WP(C) NO. 20402 OF 2022 4
c) It would be open to the petitioner 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. 20402 OF 2022 5 APPENDIX OF WP(C) 20402/2022 PETITIONER(S) EXHIBITS :
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER W.E.F. 01-06-2017.
Exhibit P2 TRUE COPY OF THE EARLIER APPROVED APPOINTMENT OF THE PETITIONER IN SHORT TERM VACANCY DATED 29.01.2001.
Exhibit P3 TRUE COPY OF G.O.(RT) NO.91/2021/G.EDN.
DATED 05-01-2021 Exhibit P4 TRUE COPY OF G.O.(P) NO.4/2021/G.EDN. DATED 06-02-2021.
Exhibit P5 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.
6138/2020 DATED 02.03.2020.
Exhibit P6 TRUE COPY OF THE GOVERNMENT LETTER NO.
SC2/165/2021/G.EDN. DATED 15-01-2022. Exhibit P6(a) TRUE COPY OF LETTER NO. DGE/11306/2021-E2 DATED 20-01-2022 ISSUED BY DIRECTOR OF GENERAL EDUCATION.
Exhibit P7 TRUE COPY OF THE ORDER GRANTING APPROVAL TO ONE OF THE BENEFICIARY OF EXHIBIT-P6 GOVERNMENT ORDER WITH NO.B1/33736/2022 DATED 04.03.2022 ISSUED BY DEO, MUVATTUPUZHA.
Exhibit P8 TRUE COPY OF THE FRESH PROPOSAL FOR APPROVAL SUBMITTED BY THE CORPORATE MANGER DATED 24-02-2022.
Exhibit P9 TRUE COPY OF THE PRESENT REJECTION ORDER NO. B1/34217/2022 DATED 09/06/2022 ISSUED BY DEO MUVATTUPUZHA.
Exhibit P10 TRUE COPY OF THE REVISION PETITION DATED 11.06.2022.
RESPONDENT(S) EXHIBITS : NIL