Sherin Mary D Cunha vs State Of Kerala
2021 Latest Caselaw 17531 Ker

WP(C) NO. 17208 OF 2021          1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943


                    WP(C) NO. 17208 OF 2021
PETITIONER/S:

          SHERIN MARY D'CUNHA,
          AGED 53 YEARS,
          PRINCIPAL, HSS OF JESUS, KOTHAD, ERNAKULAM-682027.

          BY ADVS.
          S.P.ARAVINDAKSHAN PILLAY
          N.SANTHA
          V.VARGHESE
          PETER JOSE CHRISTO
          S.A.ANAND
          K.N.REMYA
          L.ANNAPOORNA
          VISHNU V.K.
          ABHIRAMI K. UDAY
          KURUVILLA SABU CHRISTY




RESPONDENT/S:


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

    2     THE DIRECTOR OF GENERAL EDUCATION,
          DIRECTORATE OF GENERAL EDUCATION,
          THIRUVANANTHAPURAM-
          695014.

    3     THE REGIONAL DEPUTY DIRECTOR,
          OFFICE OF THE REGIONAL DEPUTY DIRECTOR, HIGHER
          SECONDARY EDUCATION, SRV GHSS BUILDING, KASTHOORI
          RANGAN HALL, ERNAKULAM-682011.
 WP(C) NO. 17208 OF 2021               2

     4       CORPORATE MANAGER/GENERAL MANAGER,
             CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF
             VERAPOLY, ST. ALBERT'S H.S.S. CAMPUS, ERNAKULAM,
             KOCHI-682018.

             SMT NISHA BOSE, SR GOVERNMENT PLEADER




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   26.08.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 17208 OF 2021                      3

                                   JUDGMENT

The petitioner states that she is working as Principal of Higher

Secondary School of Jesus, Kothad managed by the 4th respondent. She was

originally appointed as Junior Lecturer in Mathematics in St.Paul's College,

Kalamassery by order dated 03.09.1996, an institution managed by the same

educational agency. It is contended that though the management was bound

to deploy the petitioner to any Higher Secondary School under its

management as per G.O.(Ms)No.344/98/G.Edn dated 29.08.1998, the same

was not followed citing various untenable reasons. Instead, the petitioner

was appointed as a fresh appointee in one of the Higher Secondary Schools

under the educational agency as H.S.S.T in Mathematics w.e.f. 12.11.1998.

This was by virtue of Ext.P6 order which was approved as per Ext.P7 order

dated 10.08.1999.

2. According to the petitioner, her approved service as a Junior

Lecturer from 03.09.1996 to 12.11.1998 has not so far been taken into

account for any of her service benefits such as fixation of pay etc. Raising all

the tenable legal contentions, the petitioner has preferred Ext.P14

representation before the 2nd respondent and the same was taken on file on

14.07.2021. Her grievance concerns the delay in expeditiously considering

the representation. It is in the afore circumstances that the petitioner is

before this Court with this writ petition.

3. I have heard Sri.Peter Jose Christo, the learned counsel

appearing for the petitioner and Smt. Nisha Bose, the learned Senior

Government Pleader. It is submitted by the learned Government Pleader that

there is no impediment in considering the prayer.

4. After having carefully evaluated the contentions raised in this writ

petition, the submissions made across the Bar and the facts and

circumstances, I am of the view that this writ petition can be disposed of by

issuing the following directions:

a) Without expressing any opinion on the merits of the assertions made in Ext.P14 representation there will be a direction to the 2nd respondent to take up, consider and pass appropriate orders on Ext.P14, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorised representatives as well as the affected parties, if any.

b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of two months from the date of production of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.

SD/-

RAJA VIJAYARAGHAVAN V JUDGE DSV

APPENDIX OF WP(C) 17208/2021

PETITIONER(S) EXHIBITS:

Exhibit P1 TRUE COPY OF THE ORDER NO. SPC/102/TB DATED 03/09/1996 OF THE 4TH RESPONDENT.

Exhibit P2 TRUE COPY OF THE ORDER NO. A3-2873/2012 DATED 13/06/2012 OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM.

Exhibit P3 TRUE COPY OF THE ORDER NO. SPC/102/TS/V.2 DATED 11/07/2012 OF THE MANAGER, ST.PAUL'S COLLEGE, KALAMASSERY.

Exhibit P4 TRUE COPY OF THE GO(MS) NO.344/98/G.EDN.

DATED 29/08/1998.

Exhibit P5 TRUE COPY OF THE LETTER NO. SPC/102/TS DATED 20/08/1998 OF THE MANAGER, ST.PAUL'S COLLEGE, KALAMASSERY.

Exhibit P6 TRUE COPY OF THE ORDER NO. A-33/HSSE/98 DATED 12/11/1998 OF THE 4TH RESPONDENT.

Exhibit P7 TRUE COPY OF THE ORDER NO. C2/3049/HSE/99 DATED 10/08/1999 OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION.

Exhibit P8 TRUE COPY OF THE GO(MS)NO. 61/2003/G.EDN.

DATED 14/03/2003.

Exhibit P9 TRUE COPY OF THE ORDER NO. A.D.B2/27863/09 DATED 17/07/2009 OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION.

Exhibit P10 TRUE COPY OF THE GO(MS) NO.4/2005/H.EDN.

DATED 01/02/2005.

Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 03/03/2021 IN WPC NO. 20713/2012 OF THIS HON'BLE COURT.

Exhibit P12 TRUE COPY OF THE ORDER NO. ACD A6/19648/HSE/2006 DATED 13/09/2006 OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION.

Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 22/06/2006 IN WPC NO.16097/2006 OF THIS HON'BLE COURT.

Exhibit P14 TRUE COPY OF THE REPRESENTATION DATED 13/07/2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P15 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD.

RESPONDENT(S) EXHIBITS: NIL