Kerala High Court
Seetha Devi K vs Government Of Kerala on 4 August, 2021
WP(C) No.15592/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
Wednesday, the 4th day of August 2021 / 13th Sravana, 1943
WP(C) NO. 15592 OF 2021
PETITIONER:
SEETHA DEVI K., AGED 54 YEARS,
W/O. BALAKRISHNAN, NEEDLE WORK TEACHER,
VENGARA WELFARE U.P. SCHOOL,
VENGARA P.O. MADAI, KANNUR, PIN - 670 305.
RESPONDENTS:
1. GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF
GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695
001.
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, KANNUR, CIVIL STATION P.O.
KANNUR DISTRICT, PIN - 670 002.
3. DISTRICT EDUCATIONAL OFFICER, KANNUR DISTRICT, THAVAKKARA P.O.,
KANNUR, PIN - 670 002.
4. ASSISTANT EDUCATIONAL OFFICER, MADAYI, KANNUR DISTRICT, PIN - 670
303.
5. MANAGER, GOPAL U.P.SCHOOL, KUNHIMANGALAM, KUNHIMANGALAM P.O., KANNUR
DISTRICT, PIN - 670 309.
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 declaring the appointment of petitioner
with effect from 11.12.2000 (the initial date of appointment as per
Exhibit P1) as regular and the petitioner be paid all consequential
benefits, pending final disposal of the Writ Petition (Civil).
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.D.ANIL KUMAR Advocate for the petitioner the court passed the
following:
WP(C) No.15592/2021 2/4
APPENDIX OF WP(C) 15592/2021
Exhibit P1 TRUE COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER
BY THE 5TH RESPONDENT MANAGER DATED 11.12.2000 ON
ACCOUNT OF THE VACANCY AROSE ON RETIREMENT.
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 16.3.2020 IN WPC NO.
8044/2020.
Exhibit P9 TRUE COPY OF THE ORDER OF 4TH RESPONDENT DATED
25.5.2021.
Exhibit P10 TRUE COPY OF THE GOVERNMENT ORDER G.O. NO.
2869/2021/G.EDN. DATED 31.5.2021 ISSUED BY THE
GOVERNMENT PURPORTED TO BE IN COMPLIANCE WITH EXHIBIT
P7 JUDGMENT.
Exhibit P11 TRUE COPY OF THE GOVERNMENT ORDER G.O. NO.
3495/2019/G.EDN. DATED 2.9.2019 APPROVING THE
APPOINTMENT OF 44 PHYSICAL EDUCATION TEACHERS FROM
THEIR APPOINTMENT.
Exhibit P12 TRUE COPY OF THE GOVERNMENT ORDER
G.O.(MS)NO.108/2001/G.EDN. DATED 23.3.2001.
WP(C) No.15592/2021 3/4
ANU SIVARAMAN, J
================================
W.P.(C). No.15592 of 2021
============= ===================
Dated this the 4th day of August, 2021
ORDER
It is submitted by the learned counsel for the petitioner that Ext.P10
order has been passed by the Government relegating the issue to the DEO
which works against Ext.P7 judgment of this Court.
2. However, I notice that in the meanwhile, Ext.P9 proceedings have
been issued by the AEO granting approval to the petitioner, but only with
effect from 04.10.2012.
3. The learned counsel for the petitioner submits that the petitioner is
eligible for approval from 11.12.2000 onwards and that similarly situated
teachers have already been granted the benefits by the Government by
Exts.P11, P12 and other Government Orders.
4. Having heard the learned counsel for the petitioner and the learned
Government Pleader, I am of the opinion that the issue with regard to
approval from 11.12.2000 requires a consideration at the hands of the
Government. Since Ext.P9 order has been passed on 25.05.2021, the petitioner
WP(C) No.15592/2021 4/4
W.P.(C). No.15592 of 2021
is free to move a revision before the Government with regard to the denial
of approval with effect from 11.12.2000.
Post on 12.08.2021
Sd/-
Anu Sivaraman, Judge
NP
04-08-2021 /True Copy/ Assistant Registrar
