The Manager vs The State Of Kerala
2021 Latest Caselaw 16703 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                      WP(C) NO. 16212 OF 2021
PETITIONER:
           THE MANAGER,
           AUPS PALLIKKAL, PALLAM P.O, CHERUTHURUTHY,
           THRISSUR DISTRICT, PIN-679532

          BY ADVS.
          C.D.DILEEP
          SHYLAJA VARGHESE



RESPONDENTS:
     1     THE STATE OF KERALA,
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
           EDUCATION DEPARTMENT, SECRETARIAT ANNEX-II,
           THIRUVANANTHAPURAM, PIN-695 001

    2     THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THYCAUD P.O, THIRUVANANTHAPURAM., PIN-695 014

    3     THE DEPUTY DIRECTOR OF EDUCATION
          CIVIL STATION, AYYANTHOLE, THRISSUR DISTRICT-680 003

    4     THE DISTRICT EDUCATIONAL OFFICER,
          CHAVAKKAD, THRISSUR DISTRICT, PIN-680 506

    5     THE ASSISTANT EDUCATIONAL OFFICER,
          WADAKKANCHERRY, THRISSUR DISTRICT-680 582

    6     SMT. PRAJITHA V,
          PALAKKAL HOUSE, KULAPPULLY P.O, SHORNUR-2, PALAKKAD
          DISTRICT, PIN-679122, LPSA, AUPS, PALLIKKAL, PALLAM
          P.O, CHERUTHURUTHY, THRISSUR DISTRICT, PIN-679 532



          SMT. PARVATHY KOTTOL-G.P.


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16212 OF 2021

                                        2


                                  JUDGMENT

This writ petition is filed seeking the following reliefs:-

I. To issue a writ of Mandamus or other appropriate, order or directions commanding the 1st respondent to consider the 6th respondents claim while considering the directions of Ext.P13 judgment.

II. To issue a writ of Mandamus or other appropriate, order or directions commanding the respondents to approve the Ext-P1 appointment of the 6th respondent.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader. In view of the directions being issued,

notice to the 6th respondent is dispensed with.

3. It is submitted by the learned counsel for the petitioner that

the petitioner is the Manger of the AUP School, Pallikkal,

Cheruthuruthy in Thrissur District. It is submitted that there was a

dispute with regard to the staff fixation for the year 2019-2020 on the

ground that there was lack of accommodation in the school. It is

submitted that, that issue has been considered by this Court in Ext.P13

judgment and it was directed that the Government should reconsider

the entire matter after hearing parties and considering the contention

that some of the class rooms are Pre KER class rooms and therefore, the

exemptions as provided are applicable. It was further stated that after

Government considers the entire matter and if it is found that the WP(C) NO. 16212 OF 2021

school has sufficient infrastructure and facilities to accommodate the

18 class rooms, then the approval of the teacher who was the petitioner

in W.P.(C).No.22308 of 2020 shall be granted and all benefits disbursed

without delay. The staff fixation order was also directed to be revised

accordingly.

4. The learned counsel for the petitioner submits that the 6 th

respondent herein is similarly situated as the petitioner in W.P.

(C).No.22308 of 2020. It is submitted that the petitioner had appointed

the 6th respondent on 01.06.2015 by Ext.P1. It is submitted that in case

it is found that the school has sufficient accommodation for 18 class

divisions, then the claim of the 6th respondent for approval is also liable

to be considered.

Having considered the contentions advanced, I am of the opinion

that since this Court has already directed the Government to consider

the issue with regard to the availability of the accommodation for 18

class rooms in the petitioner's school, the question of approval of

appointment is to be taken up after the Government passes orders on

the issue as directed in Ext.P13. The claim of the 6th respondent and

other teachers appointed by the petitioner shall be considered in WP(C) NO. 16212 OF 2021

accordance with law thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 16212 OF 2021

APPENDIX OF WP(C) 16212/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2015.

Exhibit P2 A TRUE COPY OF THE STAFF FIXATION ORDERS ISEUD BY THE 5TH RESPONDENT C-2408/15(1) DATED 05.06.2016.

Exhibit P3 TRUE COPY OF THE ORDER OF REVISION PETITION ORDER NO. R.A. (2)/14006/2017/DPI/K. DIS DATED 20.04.2017.

Exhibit P4 A TRUE COPY OF THE COMMUNICATION NO.

RA(2)/46697/17/DPI DATED 21.08.2017 OF THE DPI.

Exhibit P5 A TRUE COPY OF THE ORDER NO. BI/5746/17 DATED 20.01.2018 ISSUED BY THE 4TH RESPONDENT.

Exhibit P6 A TRUE COPY OF THE CIRCULAR NO.

53/M1/2018/G.,EDN. DATED 27.02.2018.

Exhibit P7 TRUE COPY OF THE ORDER NO. C/873/2017 DATED 28.02.2018.

Exhibit P8 A TRUE COPY OF THE APPEAL DATED 01.06.2018.

Exhibit P9 TRUE COPY OF THE GOVERNMENT ORDER GO (RT) NO.

2373/2020 G.EDN. DATED 03.08.2020.

Exhibit P10 TRUE COPY OF THE ORDER OF GO(RT) NO. 3712/91 G.EDN. DATED 16.12.1991.

Exhibit P11 TRUE COPY OF THE EXEMPTION ORDER OF THE 5TH RESPONDENT NO. D.DIS. C/3160/2001 DATED 13/07/2001.

Exhibit P12 TRUE COPY OF THE ORDER EXEMPTION ORDER NO.

D.DIS C/3267/2002 DATED 26.12.2002.

Exhibit P13 TRUE COPY OF THE COMMON JUDGMENT IN WPC NO.

20858/2020 AND WPC 22308/2020 DATED 23.02.2021.