Seetha Devi K vs Government Of Kerala
2021 Latest Caselaw 16906 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST 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 670 305.

              BY ADV D.ANIL KUMAR



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 670 002.

     3        DISTRICT EDUCATIONAL OFFICER,
              KANNUR DISTRICT, THAVAKKARA P.O. KANNUR 670 002.

     4        ASSISTANT EDUCATIONAL OFFICER,
              MADAYI, KANNUR DISTRICT 670 303.

     5        MANAGER,
              GOPAL U.P.SCHOOL, KUNHIMANGALAM, KUNHIMANGALAM P.O.
              KANNUR DISTRICT 670 309.


OTHER PRESENT:
           SMT. PARVATHY KOTTOL-G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15592 OF 2021
                                        2

                                 JUDGMENT

This writ petition is filed seeking the following reliefs:-

"i) Issue a writ in the nature of certiorari quashing Exhibits P9, P10 and P11 orders to the extent it is against the claim of petitioner after calling for the records leading to the same.

ii) issue a writ of declaration, 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."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted that the petitioner was appointed as

Needle Work Teacher on 11.12.2000 in the 5th respondent's

school. The petitioner had approached this Court by filing W.P.(C)

No.8044/2020 seeking approval. It is submitted that the writ

petition was disposed of directing the 1 st respondent to consider

and pass orders on the claim raised by the petitioner. It is

submitted that, in the meanwhile, the Government has issued

Ext.P8 order directing regularisation of the services of special WP(C) NO. 15592 OF 2021

teachers like the petitioner from 04.10.2012. It is submitted that

the DEO was directed to consider the claim of the petitioner. It is

submitted that the petitioner's appointment has been approved

by the AEO only from 04.10.2012. The learned counsel for the

petitioner submits that the petitioner is eligible for approval from

11.12.2000 onwards and that similarly situated teachers had

been granted the benefits by Exts.P11, P12 and other

Government orders. Since Ext.P9 order was passed on 25.05.2021

granting approval from 04.10.2012 onwards, the petitioner has

preferred Ext.P13 revision petition before the Government on

04.08.2021 and seeks a consideration thereof.

4. Having heard the learned Government Pleader also, I

am of the opinion that since the petitioner has approached the 1 st

respondent with Ext.P13 revision petition, the same is liable to be

considered, in accordance with law, by the 1 st respondent, taking

note of Exts.P11, P12 and other similar orders passed by the

Government.

5. There will, accordingly, be a direction to the 1 st WP(C) NO. 15592 OF 2021

respondent to take up, consider and pass orders on Ext.P13

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 bng/13.08.2021 WP(C) NO. 15592 OF 2021

APPENDIX OF WP(C) 15592/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER BY THE 5TH RESPONDENT MANGER DATED 11.12.2000 ON ACCOUNT OF THE VACANCY AROSE ON RETIREMENT.

Exhibit P2 TRUE COPY OF THE GOVERNMENT ORDER G.O. (P) NO. 116/20212/G.EDN. DATED 12.4.2012.

Exhibit P3 TRUE COPY OF THE GOVERNMENT ORDER G.O. (MS) NO. 312/12/G.EDN. DATED 4.10.2012.

Exhibit P4 TRUE COPY OF THE ORDER DEPUTY DIRECTOR OF KANNUR DATE 13.6.2013 POOLING AND APPOINTING TEACHERS TO GOVERNMENT SCHOOLS.

Exhibit P5 TRUE COPY OF THE GOVERNMENT ORDER G.O. NO.

3999/2019/G.EDN. DATED 4.10.2019 ISSUED IN FAVOUR OF SMT. RENJINI.

Exhibit P6 TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE SECRETARY OF GENERAL EDUCATION DATED NIL.

Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 16.3.2020 IN WPC NO. 8044/2020.

Exhibit P8 TRUE COPY OF THE GOVERNMENT ORDER G.O. NO.

130/2021/G.EDN. DATED 26.2.2021.

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 WP(C) NO. 15592 OF 2021

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.

Exhibit P13 TRUE COPY OF THE REVISION PETITION SUBMITTED BY PETITIONER BEFORE THE GOVERNMENT OF KERALA DATED 4-8-2021 WITHOUT THE ANNEXURES.