P.V.James vs The State Of Kerala
2021 Latest Caselaw 16428 Ker

                 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. 15747 OF 2021
PETITIONER:

              P.V.JAMES
              AGED 53 YEARS
              S/O. P.T. VARGHESE, PALLICHAL HOUSE, KARACKAL P.O,
              THIRUVALLA - 689108,
              (LOWER GRADE PART TIME HINDI TEACHER, DEVASWOM BOARD
              UPPER PRIMARY SCHOOL, CHANGANKARY - 689573)

              BY ADV S.SUBHASH CHAND


RESPONDENTS:
     1     THE STATE OF KERALA
           REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF
           GENERAL EDUCATION, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM - 695001.

     2        THE DIRECTOR OF GENERAL EDUCATION
              OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
              THIRUVANANTHAPURAM - 695001.

     3        THE DISTRICT EDUCATIONAL OFFICER
              OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA -
              689101.

     4        THE ASSISTANT EDUCATIONAL OFFICER
              OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, THALAVADY -
              689572.

     5        THE CORPORATE MANAGER
              TRAVANCORE DEVASWOM BOARD SCHOOLS/THE SECRETARY,
              TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS,
              NANTHANCODE, THIRUVANANTHAPURAM - 695010.

     6        THE HEAD MISTRESS
              DEVASWOM BOARD, HIGHER SECONDARY SCHOOL, THIRUVALLA -
              690101.
 WP(C) NO. 15747 OF 2021
                                  2

     7       THE HEAD MISTRESS,
             DEVASWOM BOARD, UPPER PRIMARY SCHOOL, CHANGANKARY-
             689573.

     8       ARUNIMA DAS
             FULL TIME LOWER GRADE HINDI TEACHER, DEVASWOM BOARD
             HIGHER SECONDARY SCHOOL, THIRUVALLA - 690101.

           BY ADV SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD



OTHER PRESENT:

           SRI. BIJOY CHANDRAN-SR. G.P.


      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. 15747 OF 2021
                                   3

                            JUDGMENT

This writ petition is filed seeking the following reliefs:-

"i) To issue a writ in the nature of certiorari or any other appropriate writ or order quashing Ext. P6 order to the extent the same relates to the petitioner and respondent No. 8.

ii) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No. 5 to consider the petitioner for promotion to the post of Full Time Lower Grade Hindi Teacher/High School Teacher (Hindi) in Devaswom Board Higher Secondary School, Thiruvalla/Thakazhy within such time as this Hon'ble Court may deem fit and proper.

iii) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No.3 to consider and pass final orders on Ext. P7 appeal with notice and opportunity of hearing to the petitioner and respondent Nos.5 to 8 within such time as this Hon'ble Court may deem fit and proper in the interest of justice.

iv) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No. 4 to consider and pass final orders on Ext. P8 request for lower scale salary with notice and opportunity of hearing the petitioner within such time as this Hon'ble Court may deem fit and proper in the interest of justice."

2. Heard the learned counsel for the petitioner and

the learned Government Pleader. Adv.G.Biju, the learned

Standing Counsel takes notice for respondents 5 to 7. In WP(C) NO. 15747 OF 2021

view of the directions being issued, notice to the 8 th

respondent is dispensed with.

3. It is submitted by the learned counsel for the

petitioner that the petitioner, by Ext.P6 order, has been

promoted from the post of Office Attendant to the post of

Part Time Lower Grade Hindi Teacher. It is submitted that

in the very same order, the 8th respondent has been

posted as Lower Grade Hindi Teacher, Full Time. The

learned counsel for the petitioner submits that 8 th

respondent has been appointed as Lower Grade Hindi

Teacher reckoning her as Rule 51A claimant. It is

submitted that, as a matter of fact, the 8 th respondent did

not have one academic year's service to make her eligible

for an appointment as a Rule 51A claimant to a post which

arose after 2005. It is further submitted that the

petitioner, who was a fully qualified non-teaching staff,

would be, therefore, entitled to appointment as against

the full time post and the 8 th respondent would have to be WP(C) NO. 15747 OF 2021

accommodated in the part time post. As against Ext.P6

order, it is submitted that the petitioner has approached

the DEO with Ext.P7 representation and seeks a

consideration thereof. The petitioner has also preferred

Ext.P8 request for payment of at least the salary attached

to the post of OA that the petitioner was holding under

orders of approval while the question of appointment

against the full time and part time Lower Grade Hindi

Teacher post is decided.

4. Having considered the contentions advanced, I

am of the opinion that since the petitioner has raised

Ext.P7 representation as against the appointment of the

8th respondent in the full time post and raising a claim to

the said post, the issue requires a consideration. The 3 rd

respondent is, therefore, directed to take up Ext.P7

request made by the petitioner and to consider and pass

orders on the same expeditiously with notice to the

petitioner as well as respondents 5 to 8 and after hearing WP(C) NO. 15747 OF 2021

them through appropriate means including video

conferencing, within a period of one month from the date

of receipt of a copy of this judgment. In case the

arrangements made in Ext.P6 have not been approved,

the approval shall await the passing of the order as

directed above. In the meanwhile, the 4 th respondent shall

also take up, consider and pass orders on Ext.P8 request

made by the petitioner in view of the fact that the

petitioner is an approved appointee in the post of OA. The

orders on Ext.P8 shall be passed by the 4 th respondent

within a period of three weeks from today.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE bng/05.08.2021 WP(C) NO. 15747 OF 2021

APPENDIX OF WP(C) 15747/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 08.02.2018 PASSED BY THIS HON'BLE COURT IN WP(C).NO.2575/2018.

Exhibit P2 TRUE COPY OF THE ABOVE RULING OF THE HON'BLE APEX COURT REPORTED AS MANAGER VKNM VOCATIONAL HIGHER SECONDARY SCHOOL VS. STATE OF KERALA AND OTHERS.

Exhibit P3 TRUE COPY OF THE GOVERNMENT ORDER BEARING GO(MS) NO. 3287/2021/G.EDN DATED 6/7/2021 OF RESPONDENT NO.2.

Exhibit P4 TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO.28/2021/G.EDN DATED 22.01.2021 OF RESPONDENT NO.2

Exhibit P5 TRUE COPY OF THE CIRCULAR OF RESPONDENT NO.2 BEARING NO.H(2)/19500/2019/DGE DATED 12.07.2021.

Exhibit P6 TRUE COPY OF THE ORDER BEARING ROC NO.12/20/EDN. DATED 13.07.2021 ISSUED BY RESPONDENT NO.5.

Exhibit P7 TRUE COPY OF THE APPEAL DATED 18.07.2021 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.3.

Exhibit P8 TRUE COPY OF THE REQUEST DATED 19.07.2021 EXCLUDING ANNEXURES SUBMITTED BEFORE RESPONDENT NO.4.