Shigy Joseph vs State Of Kerala

Kerala High Court

Shigy Joseph vs State Of Kerala on 24 May, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
        FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
                        WP(C) NO. 18656 OF 2024
PETITIONER:

           SHIGY JOSEPH
           AGED 43 YEARS
           W/O SHAJU M.A FORMER URDU TEACHER, SNGS UP SCHOOL,
           KAKKATHURUTHI, IRINJALAKUDA, THRISSUR - 680122
           (RESIDING AT MANJALY MATTATHIL HOUSE, CHERUVALOOR P.O,
           KORATTY, THRISSUR, PIN - 680321

           BY ADVS.
           V.A.MUHAMMED
           M.SAJJAD


RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
           GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
           THIRUVANANTHAPURAM, PIN - 695001

    2      THE DIRECTOR OF GENERAL EDUCATION
           JAGATHY, THIRUVANANTHAPURAM, PIN - 695014

    3      THE DEPUTY DIRECTOR OF EDUCATION
           AYYANTHOLE , THRISSUR, PIN - 680003

    4      THE DISTRICT EDUCATIONAL OFFICER
           IRINJALAKUDA, THRISSUR, PIN - 680121

    5      THE ASSISTANT EDUCATIONAL OFFICER
           IRINJALAKUDA, THRISSUR, PIN - 680121

    6      THE MANAGER
           SNGS UP SCHOOL, KAKKATHURUTHI, IRINJALAKUDA,
           THRISSUR, PIN - 680122

    7      THE HEADMASTER
           SNGS UP SCHOOL, KAKKATHURUTHI, IRINJALAKKUDA,
           THRISSUR, PIN - 680122
 WP(C) NO. 18656 OF 2024
                                2

            BY ADV
            NISHA BOSE - GOVERNMENT PLEADER
     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   24.05.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 18656 OF 2024
                                   3

                              JUDGMENT

The petitioner while working as LG Urdu Teacher (Part Time Teacher) in the school managed by the sixth respondent, was retrenched on the basis of the Staff Fixation Order for the academic year 2023-24. The case of the petitioner is that, taking note of the service of the petitioner, she is entitled to claim appointment in the school in the next arising vacancy by virtue of Rule 51A of KER. Now a vacancy of UPST has occurred in the school consequent to retirement of one Smt.Sonia on 31.03.2024. According to her, as she has every right to get appointment under Rule 51A, she has to be given appointment to the said post. But, the sixth respondent Manager is not taking any steps to issue appointment order in this regard despite making a specific claim in this regard. In such circumstances, the petitioner, submitted Ext.P7 representation before the fifth respondent which is now pending consideration. The limited prayer sought by the petitioner is to direct the fifth respondent to take a decision thereon expeditiously. The learned counsel also expressed the apprehension of the petitioner that the Manager is likely to make WP(C) NO. 18656 OF 2024 4 a fresh appointment to the said post of UPST with another candidate overlooking the legitimate claim of the petitioner.

After hearing the learned counsel for the petitioner and the learned Government Pleader, I am of the view that, since the matter is pending before the fifth respondent it is only proper that, a decision be taken by him on Ext.P7. Therefore, this writ petition is disposed of, directing the fifth respondent to take up Ext.P7 and pass appropriate orders thereon, after hearing the petitioner, the sixth respondent and the affected persons, if any. A decision in this regard shall be taken within a period of one month from the date of receipt of a copy of this judgment. However, considering the nature of the claim raised by the petitioner, it is ordered that, till a decision is taken by the fifth respondent in Ext.P7, appointment, if any, made by the sixth respondent to fill up the post of UPST consequent to the retirement of Smt.Sonia shall not be approved.

Sd/-

ZIYAD RAHMAN A.A. JUDGE scs WP(C) NO. 18656 OF 2024 5 APPENDIX OF WP(C) 18656/2024 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE ORDER NO. C/9716/2021 DATED 08.04.2022 ISSUED BY AEO, IRINJALAKUDA Exhibit P-2 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2023-2024 VIDE ORDER NO. D.DIS/C/56866/2023 DATED 18.08.2023 Exhibit P-3 TRUE COPY OF THE DEGREE CERTIFICATE OF THE PETITIONER ISSUED BY THE MAHATMA GANDHI UNIVERSITY DATED 25.11.2002 Exhibit P-4 TRUE COPY OF THE B.ED CERTIFICATE OF THE PETITIONER ISSUED BY THE MG UNIVERSITY DATED 10.08.2005 Exhibit P-5 TRUE COPY OF THE K.TET CATEGORY II CERTIFICATE OF THE PETITIONER DATED 27.11.2023 Exhibit P-6 TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER BEFORE THE MANAGER DATED 01.04.2024 Exhibit P-7 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER BEFORE THE ASSISTANT EDUCATIONAL OFFICER DATED 13.05.2024