Kerala High Court
Joshitha K.S vs State Of Kerala on 11 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA,
1943
WP(C) NO. 13228 OF 2021
PETITIONER:
JOSHITHA K.S.,
AGED 47 YEARS,
WORKING AS HST, LUTHERAN HIGHER SECONDARY
SCHOOL, SOUTH ARYADU, ALAPPUZHA-688 006,
RESIDING AT JOSH NIVAS, KARICHIYIL,
ATTINGAL P.O.,
THIRUVANANTHAPURAM DISTRICT-695 101.
BY ADVS.
SRI.SREEDHAR RAVINDRAN
SRI.APARNA RAJAN
SRI.LAKSHMI RAMADAS
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE ASSISTANT EDUCATIONAL OFFICER,
CHADAYAMANGALAM-691 534.
3 THE MANAGER,
CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS,
INDIA EVANGELICAL LUTHERAN CHURCH,
TRIVANDRUM SYNOD, CONCORDIA H.S.,
COMPOUND, PEROORKADA P.O.,
THIRUVANANTHAPURAM-695 006.
WPC No.13228 of 2021 (C)
2
4 ANUJA DAS S.D.,
UPSA, LMUPS, NILAMEL,
RESIDING AT ANUGRAHA, ARAMADA, THIRUMALA P.O.,
THIRUVANANTHAPURAM-695032.
5 THE PRINCIPAL SECRETARY,
DEPARTMENT OF GENERAL EDUCATION (B),
STATE OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
BY ADVS. SRI.GOPAKUMAR R.THALIYAL
SRI.V.VENUGOPAL - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.08.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WPC No.13228 of 2021 (C)
3
Devan Ramachandran, J.
----------------------------------------------------
W.P.(C) No.13228 of 2021 (C)
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Dated this the 11th day of August, 2021
JUDGMENT
The petitioner has approached this Court aggrieved
by Ext.P15 proceedings initiated by the 5 th respondent -
Principal Secretary to Government, directing the 2 nd
respondent - Assistant Educational Officer to implement
Ext.P13 judgment of this Court.
2. According to the petitioner, even though Ext.P15
contains a seemingly positive direction, it can cause severe
prejudice to her, because there is also a reference therein to a
Government Order bearing number G.O.(Rt)
3262/2018/G.Edn. dated 30.08.2018 -- namely, Ext.P12,
wherein her claims had not been properly considered. She
thus asserts that if the 2 nd respondent - AEO acts on the basis
of Exts.P6 and P12, then obviously, the directions in Ext.P13
WPC No.13228 of 2021 (C)
would stand violated.
3. I have heard Sri.P.Ravindran, learned Senior
Counsel, instructed by Smt.Lakshmi Ramadas, learned
counsel appearing for the petitioner; Sri.Gopakumar.R.
Thaliyal, learned counsel appearing for the 4 th respondent;
and the learned Government Pleader - Sri.V.Venugopal,
appearing on behalf of respondents 1, 2 and 5.
4. It is clear from the aforementioned facts that this
writ petition has been filed solely on the basis of an
apprehension of the petitioner that should the AEO dispose of
the matter in terms of Ext.P12 order, then the directions in
Ext.P13 judgment of this Court would be violated. However,
as is evident from Ext.P13, this Court had, on 04.03.2021,
affirmatively declared that Ext.P12 order - which was issued
by the Government on 30.08.2018 - cannot affect the
petitioner in any manner. It can leave no doubt that, this
Government Order had been noticed by this Court while
issuing Ext.P13 judgment, because same had been produced
as Ext.P17 along with the writ petition.
WPC No.13228 of 2021 (C)
5. Obviously, therefore, I do not find any basis for the
apprehension of the petitioner that AEO will not act as per the
directions in Ext.P13 judgment; and it thus becomes
unnecessary for this Court to assume at this stage that the
AEO will not implicitly follow them.
In the afore circumstances, this writ petition is
closed without entering into the rival contentions of the
parties on its merits; however, directing the 2 nd respondent -
AEO to ensure that while taking action pursuant to Ext.P15,
the direction in Ext.P13 judgment are complied with in its
letter and spirit.
Sd/-
Devan Ramachandran, Judge
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WPC No.13228 of 2021 (C)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 31/05/2007 NO.
38/C7(15).
EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS ISSUED BY
THE MANAGER DATED 30/05/2011 NO.
69/2011-2012.
EXHIBIT P3 TRUE COPY OF THE GOVERNMENT ORDER G.O.
(RT) NO. 6167/2012/G.EDN. DATED
27/12/2012.
EXHIBIT P4 TRUE COPY OF THE DIVISION BENCH
JUDGMENT IN W.A.620/2013 DATED
27/06/2013.
EXHIBIT P5 TRUE COPY OF THE ORDER OF THE
GOVERNMENT NO.22296/L2/2013/G.EDN.
DATED 05/12/2013.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WPC
NO.1987/2013 DATED 05/04/2017.
EXHIBIT P7 TRUE COPY OF THE ORDER OF THE DPI NO.
ENDT.F4/79589/09/DPI DATED 07/07/14.
EXHIBIT P8 TRUE COPY OF THE APPOINTMENT ORDER
NO.73/2014-15 DATED 11/07/2014.
EXHIBIT P9 TRUE COPY OF THE PROCEEDINGS OF THE
AEO NO.13/1840/11/K.DIS DATED
16/07/2014.
EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN WPC NO.
7220/14 DATED 06/04/2017.
EXHIBIT P11 TRUE COPY OF THE ORDER OF THE AEO NO.
N/3311/2014/K.DIS DATED 04/12/2017.
EXHIBIT P12 TRUE COPY OF THE GOVERNMENT ORDER NO.
GO(P) NO.3262/2018 G.EDN.D. DATED
30/08/2018.
WPC No.13228 of 2021 (C)
EXHIBIT P13 TRUE COPY OF THE JUDGMENT IN WPC
NO.30439/18 DATED 04/03/2021.
EXHIBIT P14 TRUE COPY OF THE COMMUNICATION OF THE
5TH RESPONDENT TO THE 2ND RESPONDENT
NO. B1/225/2021/G.EDN. DATED
03/06/2021.
EXHIBIT P15 TRUE COPY OF THE COMMUNICATION OF THE
5TH RESPONDENT TO THE 2ND RESPONDENT
NO. B1/225/2021/G.EDN. DATED
22/06/2021 WITH LEGIBLE COPY.
RESPONDENTS' EXHIBITS:
EXHIBIT R4(A) TRUE COPY OF THE APPOINTMENT ORDER
DATED 14.06.2006.
EXHIBIT R4(B) TRUE COPY OF THE SENIORITY LIST.
EXHIBIT R4(C) TRUE COPY OF THE APPOINTMENT ORDER
DATED 01.06.2011.
EXHIBIT R4(D) TRUE COPY OF THE JUDGMENT PASSED BY
THIS HON'BLE COURT IN W.A.NO.2686/2007
DATED 01.07.2008.
EXHIBIT R4(E) TRUE COPY OF THE COMMUNICATION ISSUED
BY THE 5TH RESPONDENT DATED
03.06.2021.
