WP(C) No.17113/2022 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Thursday, the 26th day of May 2022 / 5th Jyaishta, 1944
WP(C) NO. 17113 OF 2022(L)
PETITIONER:
SHEEJA P.KURIAN , W/O.JOHN SAMUEL, PUSHPAVILASAM, THEEPPUPARA P.O.,
EZHAMKULAM, PATHANAMTHITTA - 691 554 (LOWER PRIMARY SCHOOL
ASSISTANT, PARUMALA SEMINARY LOWER PRIMARY SCHOOL, PARUMALA,
PATHANAMTHITTA).
RESPONDENTS:
1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2. THE DIRECTOR OF GENERAL EDUCATION (FORMERLY DIRECTOR OF PUBLIC
INSTRUCTIONS), OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM - 695 014.
3. THE DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL
OFFICER, THIRUVALLA - 689 101.
4. THE ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE ASSISTANT
EDUCATIONAL OFFICER, THIRUVALLA - 689 101, PATHANAMTHITTA.
5. THE CORPORATE MANAGER CANTHOLIC AND M.D.SCHOOLS, DEVALOKAM, KOTTAYAM
- 686 038.
6. DEPUTY DIRECTOR (EDUCATION) OFFICE OF THE DEPUTY DIRECTOR
(EDUCATION), PATHANAMTHITTA AT THIRUVALLA - 689 101.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to issue an interim order directing respondent Nos. 1 to 4 to
grant approval to Exhibit P1 appointment of the petitioner as Lower
Primary School Assistant in Parumala Seminary Lower Primary School,
Parumala and disburse salary and allowances to her with effect from
29-10-2012 onwards on scale of pay basis forthwith or within such time as
this Hon'ble Court may deem fit and proper in the interest of justice,
pending final disposal of this Writ Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.S.SUBHASH CHAND Advocates for the petitioners and of GOVERNMENT
PLEADER, the court passed the following:
WP(C) No.17113/2022 2/3
BECHU KURIAN THOMAS, J
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W.P.(C) No.17113 of 2022
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Dated this the 26 th day of May, 2022
ORDER
The learned counsel for the petitioner submitted that Ext.P12 order issued by the AEO pursuant to the directions in Ext.P8 judgment contradicts the observations in the judgment and is therefore, ex facie illegal. Relying upon the judgments in Ext.P9 and Ext.P10, this Court had observed that it is settled law that unless educational authorities furnish the list of protected teachers to the Manager, the rigour of G.O.P.No.92/2010 dated 04.06.2010 (Ext.P7) cannot apply.
2. On a perusal of Ext.P10, I notice that the 4 th respondent has observed contrary to the findings of this Court. Such a finding is prima facie perverse.
3. The learned Government Pleader seeks time to get instructions.
Post on 30.05.2022 in the first list.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/26/05//2022
26-05-2022 /True Copy/ Assistant Registrar
WP(C) No.17113/2022 3/3
APPENDIX OF WP(C) 17113/2022
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 29/10/2012
ISSUED BY RESPONDENT NO.5.
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 13/07/2021 THUS PASSED
BY THIS HON'BLE COURT IN WP(C) NO.2920/2016. Exhibit P9 TRUE COPY OF THE RULING OF THIS HON'BLE COURT REPORTED AS NADEERA T.S. AND ANOTHER V. STATE OF KERALA AND OTHERS (2011(3) KHC 650).
Exhibit P10 TRUE COPY OF THE RULING OF THIS HON'BLE COURT REPORTED AS STATE OF KERALA AND OTHERS V.S.HASEENA AND ANOTHER (2013 (2) KHC 103).
Exhibit P12 TRUE COPY OF THE ORDER BEARING NO.D/18320/2021 DATED 03/02/2022 PASSED BY RESPONDENT NO.4. Exhibit P7 TRUE COPY OF GOVERNMENT ORDER BEARING GO(MS)92/20/G.EDN DATED 4-6-2010 OF RESPONDENT NO.1