WP(C) NO. 29040 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 29040 OF 2021
PETITIONER:
BEENA VALIYAPARAMBATH
AGED 46 YEARS
HIGH SCHOOL ASSISTANT (ENGLISH), SREE NARAYANA TRUST
HIGHER SECONDARY SCHOOL, THOTTADA, KANNUR DISTRICT -
670 007. (NOW WORKING AS H.S.A.(ENGLISH) IN SNTHSS,
NATTIKA, TRISSUR).
BY ADV POOVAMULLE PARAMBIL ABDUL KAREEM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM - 695 014.
3 DEPUTY DIRECTOR OF EDUCATION
KANNUR, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
KANNUR - 670 001.
4 DISTRICT EDUCATIONAL OFFICER,
KANNUR, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
KANNUR - 670 002.
5 MANAGER
S.N.TRUST SCHOOLS, P.B.NO.63, KOLLAM - 691 001.
BY ADV A.N.RAJAN BABU
SRI PREMCHAND R NAIR, SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 29040 OF 2021 2
JUDGMENT
The petitioner states that she is working as HSA (English) in the Sree Narayana Trust Higher Secondary School, Nattika. She was initially appointed in an additional division vacancy at SN Trust HSS, Thottada on 10.11.2008. However, the appointment was rejected on the ground that she was accommodated in a newly created post while the economic ban was in force and that the Manager had failed to execute the bond. Later, in terms of subsequent Government Orders, the appointment was approved with effect from 01.06.2011 by including her in the Teacher's package. The petitioner asserts that the petitioner in the said circumstances preferred Ext.P7 revision petition before the Government seeking approval of appointment from the initial date of appointment. Pursuant to orders passed by this Court, Ext. P9 order has been passed holding that the approval cannot be granted on the ground that the petition filed by the Managers is pending before the Hon'ble Supreme Court. The petitioner asserts that the said stand cannot be accepted in the light of clause 6 of Ext.P10 Government Order, wherein it has been clarified that the appointments made by the Managers without following the conditions in G.O.(P) No.10/10/G.Edn. dated 12.01.2010 can also be approved, however, subject to the outcome of the SLP pending before the WP(C) NO. 29040 OF 2021 3 Hon'ble Supreme Court. The petitioner states that persons similarly placed as the petitioner has been granted approval as per Ext.P11 order. It is in the afore circumstances that the petitioner is before this Court seeking direction to the respondents to reconsider Ext.P9 in the light of Ext.P10.
2. Heard Sri.P.P.Abdul Kareem, the learned counsel appearing for the petitioner and Sri.Premchand R Nair, the learned Senior Government Pleader.
3. It appears that while rejecting the request made by the petitioner herein, by order dated 10.11.2021, the 1st respondent failed to take note of the implications of Ext.P10 Government Order. Furthermore, it appears that the teachers similarly placed as the petitioner have been granted the benefits of Ext.P10 order as is evident from Ext.P11. In that view of the matter, Ext.P9 requires reconsideration.
4. Having regard to the facts and circumstances and the submissions made across the bar, this writ petition will stand disposed of directing the 1st respondent to reconsider Ext.P7 revision petition in the light of Ext.P10 and pass fresh orders after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorized representative and the 5th respondent. Orders, as directed above, shall be passed expeditiously, in any event, within a period of three months from the WP(C) NO. 29040 OF 2021 4 date of production of a copy of this judgment. It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent to ensure compliance.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE IAP WP(C) NO. 29040 OF 2021 5 APPENDIX OF WP(C) 29040/2021 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 10/11/2008 ISSUED BY THE 5TH RESPONDENT.
Exhibit P2 TRUE COPY OF THE ORDER NO.B4/3870/2010 DATED 05/03/2011 ISSUED BY THE 3RD RESPONDENT.
Exhibit P3 TRUE COPY OF THE REVISION DATED 29/03/2011 SUBMITTED BY THE 5TH RESPONDENT.
Exhibit P4 TRUE COPY OF THE ORIGINAL STAFF FIXATION ORDER NO.B5/7421/08 DATED 31/07/2008 FOR THE YEAR 2008-09 ISSUED BY THE 4TH RESPONDENT.
Exhibit P5 TRUE COPY OF THE LETTER NO.60930/J2/G.EDN.
DATED 25/10/2011 ISSUED BY THE 1ST RESPONDENT. Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 26/7/2017 IN W.A.NO.2592/2015 PASSED BY THIS HON'BLE COURT. Exhibit P7 TRUE COPY OF THE REVISION PETITION DATED 28/10/2020 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT.
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 10/11/2020 IN WP(C) NO.24286/2020 ISSUED BY THIS HON'BLE COURT.
Exhibit P9 TRUE COPY OF THE G.O.(RT) NO.5050/2021/G.EDN.
DATED 10/11/2021 ISSUED BY THE 1ST RESPONDENT. Exhibit P10 TRUE COPY OF THE G.O.(P) NO.4/2021/G.EDN. DATED 06/02/2021 ISSUED BY THE 1ST RESPONDENT.
Exhibit P11 TRUE COPY OF THE G.O.(RT) NO.5224/2021/G.EDN.
DATED 19/11/2021 ISSUED BY THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: NIL