Kerala High Court
A.J. Honey Sweet vs The State Of Kerala on 13 May, 2025
Author: N. Nagaresh
Bench: N.Nagaresh
2025:KER:33732
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
WP(C) NO. 9611 OF 2025
PETITIONER:
A.J. HONEY SWEET
AGED 45 YEARS
WIFE OF PHILGIN THOMAS,
LOWER PRIMARY SCHOOL ASSISTANT,
EUROPEAN PRIMARY SCHOOL, ELAMKUNNAPUZHA,
VYPIN, ERNAKULAM DISTRICT - 682 503.
(RESIDING AT PUNNATHARA, PANAMPUKAD,
VALLARPADAM ERNAKULAM DISTRICT), PIN - 682504
BY ADVS.
SRI. V.A.MUHAMMED
SRI. M.SAJJAD
RESPONDENTS:
1 THE 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
KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030
4 THE DEPUTY DIRECTOR OF EDUCATION
AYYANTHOLE, THRISSUR DISTRICT, PIN - 680003
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5 THE ASSISTANT EDUCATIONAL OFFICER
EDAVANAKKAD, VYPIN, ERNAKULAM DISTRICT,
PIN - 682502
6 THE ASSISTANT EDUCATIONAL OFFICER
IRINJALAKUDA, THRISSUR DISTRICT, PIN - 680121
7 THE MANAGER
CENTRAL BOARD OF ANGLO INDIAN EDUCATION
PERUMANOOR (EX-OFFICIO MANAGER,
(DEPUTY DIRECTOR OF EDUCATION,
ERNAKULAM AT KAKKANAD), PIN - 682030
8 THE HEADMASTER
EPS, ELANKUNNAPPUZHA,
ERNAKULAM DISTRICT, PIN - 682503
9 THE HEADMASTER
DBPS, PADIYOOR, THRISSUR DISTRICT,
PIN - 680688
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.03.2025, ALONG WITH
Con.Case(C).2380/2023, 2526/2023 AND CONNECTED CASES,
THE COURT ON 13.05.2025 DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
RP NO. 755 OF 2024
AGAINST THE JUDGMENT IN WP(C) NO.23285 OF 2022 OF
HIGH COURT OF KERALA
REVIEW PETITIONER/RESPONDENTS 1 AND 2 IN WPC:
1 STATE OF KERALA
REP.BY SECERTARY TO GOVERNMENT,
GENERAL EDUCATION DPT.
SECRETARIAT ANNEX-II,
THIRUVANANTHAPURAM, PIN - 695001
2 ASSISTANT EDUCATIONAL OFFICER, VYPIN
EDAVANAKKAD,VYPIN, ERNAKULAM, PIN - 682502
BY GOVERNMENT PLEADER
RESPONDENTS/PETITIONER AND 3RD RESPONDENT IN WPC:
1 A.J.HONEY SWEET
AGED 42 YEARS
W/O PHILGIN THOMAS,
LOWER PRIMARY SCHOOL ASSISTANT,
EUROPEAN PRIMARY SCHOOL, ELAMKUNNAPUZHA,
VYPIN, ERNAKULAM, PIN - 682503
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2 THE MANAGER
CENTRAL BOARD OF ANGLO INDIAN EDUCATION,
PERUMANOOR (EX-OFFICIO MANAGER,
DEPUTY DIRECTOR OF EDUCATION,
ERNAKULAM AT KAKKANAD,
PIN - 682030
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION
ON 18.03.2025, ALONG WITH WP(C).9611/2025 AND CONNECTED
CASES, THE COURT ON 13.05.2025 DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
RP NO. 757 OF 2024
AGAINST THE JUDGMENT IN WP(C) NO.13028 OF 2022 OF
HIGH COURT OF KERALA
REVIEW PETITIONER/RESPONDENTS 1 TO 4:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT,THIRUVANANTHAPURAM,
PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR OF GENERAL
EDUCATION,JAGATHY,THIRUVANANTHAPURAM,
PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF
EDUCATION,ERNAKULAM,KAKKANAD,
PIN - 682030
4 THE ASSISTANT EDUCATIONAL OFFICER
IRINJALAKKUDA, PIN - 680121
BY GOVERNMENT PLEADER
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RESPONDENT/PETITIONER IN WPC:
JUDIT J BEVERA
AGED 35 YEARS
W/O.SHINE AVERESH,
VALIAMARATHINGAL HOUSE,
KADUKUTTY, CHALAKKUDY,
THRISSUR DISTRICT, PIN - 680309
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION
ON 18.03.2025, ALONG WITH WP(C).9611/2025 AND CONNECTED
CASES, THE COURT ON 13.05.2025 DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
CON.CASE(C) NO. 2380 OF 2023
AGAINST THE JUDGMENT IN WP(C) NO.23285 OF 2022 OF
HIGH COURT OF KERALA
PETITIONER/PETITIONER:
A.J. HONEY SWEET
AGED 42 YEARS
WIFE OF PHILGIN THOMAS,
LOWER PRIMARY SCHOOL ASSISTANT,
EUROPEAN PRIMARY SCHOOL,
ELAMKUNNAPUZHA,
VYPIN, ERNAKULAM DISTRICT,
PIN - 682503
BY ADV.
SRI. V.A.MUHAMMED
RESPONDENTS/1ST AND 2ND RESPONDENT :
1 SMT. RANI GEORGE, IAS
FATHER'S NAME AND AGE NOT KNOWN TO THE
PETITIONER
PRINCIPAL SECRETARY TO GOVERNMENT
GENERAL EDUCATION DEPARTMENT
GOVERNMENT SECRETARIAT, ANNEXE II,
THIRUVANANTHAPURAM, PIN - 695001
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2 SRI. IBRAHIM KUTTY RAYAROTH (SUBSTITUTED)
AGE AND FATHER'S NAME NOT KNOWN TO THE
PETITIONER
ASSISTANT EDUCATIONAL OFFICER,
EDAVANAKKAD, VYPIN, ERNAKULAM DISTRICT,
PIN - 682502
R2 IS SUBSTITUTED AS SMT. SHAINAMOL S.A
ASSISTANT EDUCATIONAL OFFICER,
VYPIN - 682511
AS PER ORDER DATED 27.06.24 IN IA 1/24 IN COC
2380/2023
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP
FOR ADMISSION ON 18.03.2025, ALONG WITH WP(C).9611/2025
AND CONNECTED CASES, THE COURT ON 13.05.2025 DELIVERED
THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
CON.CASE(C) NO. 2526 OF 2023
AGAINST THE JUDGMENT IN WP(C) NO.13028 OF 2022 OF
HIGH COURT OF KERALA
PETITIONER/PETITIONER:
JUDIT J. BIVERA
AGED 36 YEARS
W/O. SHINE AVERESH, VALIAMARATHINGAL HOUSE,
KADUKUTTY, CHALAKUDY-680 309,
THRISSUR DISTRICT, WORKING AS L.P.S.A.,
DON BOSCO EUROPEAN PRIMARY SCHOOL, PADIYOOR,
VELLANGALLUR VIA, THRISSUR, PIN - 680688
BY ADV.
SRI. V.VIJULAL
RESPONDENTS/RESPONDENTS 1 AND 4:
1 SMT.RANI GEORGE IAS
(AGE AND FATHERS NAME NOT KNOWN TO THE
PETITIONER) THE PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 SMT. NISHA M.C.,
(AGE AND FATHERS NAME NOT KNOWN TO THE
PETITIONER) ASSISTANT EDUCATIONAL OFFICER,
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OFFICE OF ASSISTANT EDUCATIONAL OFFICER,
IRINJALAKUDA, PIN - 680121
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP
FOR ADMISSION ON 18.03.2025, ALONG WITH WP(C).9611/2025
AND CONNECTED CASES, THE COURT ON 13.05.2025 DELIVERED
THE FOLLOWING:
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N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) No.9611of 2025, R.P. Nos.755 and
757 of 2024 and Contempt of Court Case (C) Nos.2380
and 2526 of 2023
`````````````````````````````````````````````````````````````
Dated this the 13th day of May, 2025
JUDGMENT
~~~~~~~~~ RP No.755/2024 and RP No.757/2024 arise from the common judgment dated 07.08.2023 in W.P.(C) No.23285/2022 and W.P.(C) No.13028/2022. The petitioners in the afore writ petitions have filed Contempt Case Nos.2380 and 2526 of 2023 alleging disobedience to the lawful orders contained in the judgment dated 07.08.2023. The petitioner in W.P.(C) No.23285/2022 has filed W.P.(C) No.9611/2025 seeking to set aside Ext.P7 and to command the respondents 2025:KER:33732 W.P.(C) No.9611/2025 & connected cases : 12 : to sanction 14 LP Divisions and corresponding LPSA post at EPS Elankunnapuzha for the academic year 2014-2015.
2. The writ petitioners filed W.P.(C) No.13028/2022 and 23285/2022 stating that they are Rule 51A claimants under Chapter XIVA KER. They were appointed against leave vacancies as LPSAs on 03.06.2013. Their appointments were approved. Subsequently, both the petitioners were appointed against additional division vacancy with effect from 01.06.2015.
3. The appointment of the petitioner in W.P.(C) No.13028/2022 was not approved stating that there is a senior Rule 51A claimant (who is the petitioner in W.P.(C) No.23285/2022). The respondents stated that there was no vacancy available for appointment of the petitioner in W.P.(C) No.23285/2022 in the year 2015-2016. The petitioners contended that the Staff Fixation Orders showed that there 2025:KER:33732 W.P.(C) No.9611/2025 & connected cases : 13 : was on full time post of Headmaster and nine regular posts of LPSAs in the School in the year 2015-2016. There was also another temporary post of Head Teacher sanctioned on 06.08.2016. The petitioners argued that there were admittedly ten posts available in the academic year 2015- 2016, apart from the Head Teacher vacancy.
4. A learned Single Judge of this Court held in the common judgment dated 07.08.2023 that as per the Staff Fixation Order for the year 2015-2016, there was one regular post available for appointment of the petitioner in W.P.(C) No.23285/2022. This Court held that the appointment of both the petitioners can be approved. Consequently, this Court directed to approve the appointment of the petitioner in W.P. (C) No.23285/2022 as LPSA in the DBEPS, Elankunnappuzha with effect from 01.06.2015 and to appoint the petitioner in W.P.(C) No.13028/2022 with effect from 2025:KER:33732 W.P.(C) No.9611/2025 & connected cases : 14 : 01.06.2015 in the DBEPS, Padiyoor in the additional division vacancy.
5. Alleging willful disobedience to comply with the lawful orders of this Court in the judgment dated 07.08.2023 in W.P.(C) Nos.13028/2022 and 23285/2022, the writ petitioners have filed Contempt of Case Nos.2380/2023 and 2526/2023.
6. The petitioner in W.P.(C) No.23285/2022 thereafter filed W.P.(C) No.9611/2025 seeking to set aside Ext.P7 proceedings dated 05.04.2016 of the AEO, Vypin fixing the staff strength. The petitioner impugned Ext.P7 to the extent it failed to sanction 14 LP Divisions and corresponding LPSA posts at EPS, Elankunnappuzha for the academic year 2014-2015.
7. The State of Kerala and the Assistant Educational Officer have filed RP Nos.755/2024 and 2025:KER:33732 W.P.(C) No.9611/2025 & connected cases : 15 : 757/2024 being aggrieved by the judgment dated 07.08.2023 in the writ petitions. The State of Kerala contended that this Court has directed to approve the appointment of the petitioners with effect from 01.06.2015 in additional vacancies due to the fact that the State of Kerala was not able to point out the fact that as per Rule 12 of Chapter XXIII, the additional posts will come into existence only with effect from 15.07.2015. Therefore, if the date of approval of appointment of the petitioners is not rectified as 15.07.2015, it will become a binding precedence causing a huge financial burden to the Government.
8. I have heard the learned counsel for the petitioner in the writ petition, the learned Government Pleader for the review petitioners and the counsel appearing for the petitioners in the Contempt Court Cases.
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9. It is evident from the judgment sought to be reviewed that the petitioners in the writ petitions were directed to be appointed with effect from 01.06.2015 against additional vacancies sanctioned. Rule 12 of Chapter XXIII provides that the orders of Staff Fixation except in the case of additional divisions or additional posts shall take effect on the 15th July of every year. The date of effect of additional divisions or additional posts sanctioned shall be the 1 st October of the year. In view of Rule 12 of Chapter XXIII, the additional posts will come into existence only with effect from 15.07.2015.
10. Therefore, the review petitions are to be allowed to a limited extent of correcting the date with effect from which appointment is to be approved, as 15.07.2015, instead of 01.06.2015.
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11. As the review petitions are pending, the respondents have not complied with as the judgment is to be reviewed to the limited extent. The respondents are therefore entitled to get a breathing time to comply with the directions. The respondents are given two months time from today to comply with the directions in the common judgment dated 07.08.2023.
12. As far as W.P.(C) No.9611/2025 is concerned, the writ petitioner therein seeks to set aside Ext.P7 Staff Fixation Order. It is evident from the pleadings that the petitioner has filed Ext.P11 revision petition dated 27.02.2024 before the Government. In the circumstances of the case, it would be only appropriate that the competent revisional authority considers the grievance of the petitioner in a time bound manner.
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13. The review petitions, contempt cases and the writ petition are disposed of as follows:
(i) The review petitions are allowed to the extent of correcting the date with effect from which appointment of the writ petitioners are to be approved, as 15.07.2015, instead of 01.06.2015.
(ii) The contempt of court cases are closed for the time being granting liberty to the petitioners to reopen the same if found necessary, after two months.
(iii) W.P.(C) No.9611/2025 is disposed of directing the 1st respondent to consider and pass orders on Ext.P11 revision petition after giving an opportunity of hearing to the petitioner and any other 2025:KER:33732 W.P.(C) No.9611/2025 & connected cases : 19 : affected party within a period of three months.
Sd/-
N. NAGARESH, JUDGE aks/06.05.2025 2025:KER:33732 W.P.(C) No.9611/2025 & connected cases : 20 : APPENDIX OF WP(C) 9611/2025 PETITIONER'S EXHIBITS Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 03.06.2013 ALONG WITH APPROVAL RECORDED THEREON Exhibit P-2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.10.2014 Exhibit P-3 TRUE COPY OF APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2015 Exhibit P-4 TRUE COPY OF THE ORDER OF THE AEO, IRINJALAKUDA VIDE NO.E/709189/2024 DATED 14.04.2024 Exhibit P-5 TRUE COPY OF THE ORDER OF THE ASSISTANT EDUCATIONAL OFFICER, VYPPIN VIDE NO.C/23350/2021/DIS DATED 10.06.2024 Exhibit P-6 TRUE COPY OF THE G.O.(P).NO.29/2016 G.EDN DATED 29.1.2016 Exhibit P-7 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2014-15 VIDE ORDER NO.D.DIS./C/384/2016 DATED 05.04.2016 OF THE ASSISTANT EDUCATIONAL OFFICER, VYPIN Exhibit P-8 TRUE COPY OF THE CIRCULAR NO. 7/2021 FIN. DATED 27.01.2021 Exhibit P-9 TRUE COPY OF THE LETTER OF THE FINANCE DEPARTMENT VIDE PF-1/37/2022 FIN. (2124126) DATED 04.08.2022 (ALONG WITH 2025:KER:33732 W.P.(C) No.9611/2025 & connected cases : 21 : TYPED COPY) Exhibit P-10 TRUE COPY OF THE LETTER NO.TRY/2518/2023-E1 DATED 22.06.2023 OF THE DIRECTOR OF TREASURY Exhibit P-11 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 27.02.2025 (WITHOUT EXHIBITS) 2025:KER:33732 W.P.(C) No.9611/2025 & connected cases : 22 : APPENDIX OF RP 755/2024 PETITIONER'S ANNEXURES Annexure A1 TRUE COPY OF THE JUDGMENT IN W.A.NO.194/2024 DATED 03.06.2024. Annexure A2 TRUE COPY OF THE G.O(RT) NO.3348/2024/G.EDN DATED 27.05.2024. RESPONDENTS' ANNEXURES Annexure R-1 (a) TRUE COPY OF THE GO (P) NO.
29/2016/G.EDN DATED 29.01.2016 ISSUED BY THE GOVERNMENT Annexure R1 (b) TRUE COPY OF THE STAFF FIXATION ORDER OF EPS, ELAMKUNNAPUZHA FOR THE ACADEMIC YEAR 2014-15 BEARING ORDER NO. DDIS/C/384/2016 DATED 05.04.2016 Annexure R1 (c) TRUE COPY OF THE STAFF STATEMENT AS ON 01.06.2014 Annexure R1 (d) TRUE COPY G.O.(RT).NO.4784/2017/GEDN DATED 13.12.2017 ISSUED BY THE GOVERNMENT 2025:KER:33732 W.P.(C) No.9611/2025 & connected cases : 23 : APPENDIX OF RP 757/2024 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE JUDGEMENT IN WA NO.237/2024 DATED 3-06-2024 ANNEXURE A2 TRUE COPY OF THE G.O(RT) NO.3348/2024/G.EDN DATED 27-05-2024 2025:KER:33732 W.P.(C) No.9611/2025 & connected cases : 24 : APPENDIX OF CON.CASE(C) 2380/2023 PETITIONER ANNEXURES Annexure I CERTIFIED COPY OF THE JUDGMENT IN W.P. (C) NO. 23285/2022 DATED 24.08.2022 Annexure II TRUE COPY OF THE GO (RT) NO.3348/2024/ G.EDN DATED 27.05.2024 ISSUED BY THE GOVERNMENT Annexure III TRUE COPY OF THE ORDER OF THE ASSISTANT EDUCATIONAL OFFICER NO. C/23350/2021/ D.DIS DATED 10.06.2024 2025:KER:33732 W.P.(C) No.9611/2025 & connected cases : 25 : APPENDIX OF CON.CASE(C) 2526/2023 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF JUDGMENT DATED 7.8.2023 IN W.P.(C) NO. 13028 OF 2022 Annexure A2 TRUE COPY OF COMMUNICATION NO.
H1/240/2022/G.EDN. DATED 4.11.2022 ISSUED BY THE GOVERNMENT Annexure A3 TRUE COPY OF G.O.(MS) NO.
258/90/G.EDN. DATED 15.12.1990