Kerala High Court
Juvairia K vs State Of Kerala on 5 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
WP(C) NO. 8483 OF 2020
PETITIONER:
JUVAIRIA K.
AGED 41 YEARS
HIGH SCHOOL ASSISTANT (URDU),
SIR SYED HIGHER SECONDARY SCHOOL, KARIMBAM P O,
TALIPARAMBA,
KANNUR DISTRICT, PIN-670141.
BY ADV POOVAMULLE PARAMBIL ABDULKAREEM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM-695014.
3 THE DEPUTY DIRECTOR OF EDUCATION
KANNUR-670001.
4 DISTRICT EDUCATIONAL OFFICER,
TALIPARAMBA, KANNUR DISTRICT-670141.
5 THE MANAGER,
SIR SYED HIGHER SECONDARY SCHOOL,
KARIMBAM P O, TALIPARAMBA, KANNUR, PIN-670141.
BY ADV GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8483 OF 2020
2
JUDGMENT
This writ petition is filed seeking the following reliefs:
"i) To issue writ of Mandamus or other appropriate writ or
order or direction, directing the 1st respondent to consider and pass
orders on Ext.P6 revision petition dated 3/3/2020 submitted by the
petitioner as expediously as possible.
ii) To issue a writ of certiorari or other appropriate writ to
quash Ext.P2, P3, P4 and P5 as they are illegal and unjustifiable and
to the extent of denial of approval in Ext. P1 as it is illegal and
unjustifiable.
iii) To issue a writ of mandamus or any other appropriate
writ or order or direction directing the 4 th respondent to approve the
appointment of the petitioner as HSA (Urdu) from 14/06/2006 to
31/5/2011 and to disburse all consequential monitory benefits due to
him.
iv) To declare that the petitioner is entitled to get the benefit
of Group C diversion from 14/06/2006 onwards in the absence of
other specialist teacher and she has been working as Urdu Full-Time
from the date of appointment in the school."
2. Heard the learned counsel for the petitioner and the learned
Government Pleader. Though notice was taken out to the 5 th respondent
and notice was duly served, there is no appearance for the 5 th
respondent.
3. The petitioner submits that the petitioner is working as HSA
Urdu (Full Time) in the 5th respondent's school. Her appointment was in
WP(C) NO. 8483 OF 2020
the academic year 2006-07. It is submitted that approval for the
appointment was rejected on the ground that the school is a newly
opened school and the post should have been filled up by appointing a
protected teacher. It is submitted that there was no protected teacher
in Urdu available at the relevant time and no list of such protected
teachers was, therefore, placed before the Manager by the DDE
concerned. It is submitted that the Manager had approached the
authorities with representations but Ext.P5 order has been passed
rejecting the request of the Manager for approval of appointment of the
petitioner on three grounds including that the post ought to have been
filled up by appointing a protected teacher. It is submitted by the
learned counsel for the petitioner that the petitioner had preferred
Ext.P6 revision petition before the Government on 03.03.2020,
producing all documents to show that there was a post available to
accommodate the petitioner and that there was no list of protected
teachers in Urdu available or made available to the Manager for
appointing to the post held by the petitioner. It is further stated that
the petitioner was not put on notice or heard while Ext.P5 order was
passed and the contentions of the petitioner were, therefore, not
WP(C) NO. 8483 OF 2020
considered.
4. The learned Government Pleader, relying on a counter affidavit
placed on record by the 4th respondent, submits that the school was a
newly opened school during the academic year 2004-05 and that all
vacancies in the school were to be filled up by appointing protected
teachers. It is submitted that the petitioner's appointment was against
a new post created during 2005-06 with effect from 14.06.2006.
However, during 2005-06 a part time post was sanctioned in the school
as per staff fixation orders and the said vacancy also ought to have been
filled up by appointing a protected teacher.
5. However, I notice that there is no contention that there was a
protected teacher available for appointment as on the date of
appointment of the petitioner or that the Deputy Director of Education
had made the list of protected teachers available through the Manager
for making such appointments. In view of the fact that the appointment
was in the academic year 2006-07, such availability of a list furnished by
the Deputy Director of Education would be a precondition for the
appointment of a protected teacher.
WP(C) NO. 8483 OF 2020
6. Having considered the contentions advanced on all sides, I am
of the opinion that the rejection of approval of the petitioner's
appointment without hearing the petitioner was illegal and
unsustainable. The issue requires a reconsideration at the hands of the
Government after hearing the petitioner as well and after taking note
of the documents produced by her and relied on in Ext.P7.
In the result, Ext.P5 order is set aside. There will be a direction to
the 1st respondent to take up, consider and pass orders on Ext.P7
revision petition preferred by the petitioner with notice to the
petitioner as well as the Manager and after hearing them through any
appropriate means, including video conferencing, within a period of
three months from the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
SVP
WP(C) NO. 8483 OF 2020
APPENDIX OF WP(C) 8483/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED
14.06.2006 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE ORDER NO.
B4/5220/2006/K.DIS DATED 2.09.2006 ISSUED
BY THE DEO, KANNUR.
EXHIBIT P3 TRUE COPY OF THE ORDER
NO.B4/19235/2006/K.DIS DATED 20.02.2007
ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE ORDER
NO.EM3/29393/2007/DPI/K.DIS DATED
18.10.2007 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE REPORT
NO.745500/S2/2016/G.EDN DATED 25.09.2017
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE REVISION PETITION DATED
3.3.2020 SUBMITTED BY THE PETITIONER.
EXHIBIT P7 TRUE COPY OF THE REVISE STAFF FIXATION
ORDERS DATED NIL FOR THE YEAR 2006-07 TO
2009-10 ISSUED BY THE 3RD RESPONDENT.
