Jollyamma V.Thomas vs State Of Kerala
2021 Latest Caselaw 3474 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942

                        WP(C).No.2436 OF 2021(D)


PETITIONER:

                JOLLYAMMA V.THOMAS
                AGED 53 YEARS
                W/O. BAJI MATHEW, NOW WORKING AS HIGHER SECONDARY
                SCHOOL TEACHER (HSST) HINDI, ST. SEBASTIAN'S HSS,
                KOODARANHI, KOZHIKODE DISTRICT.

                BY ADV. SRI.PAULSON THOMAS

RESPONDENT/S:

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

      2         THE DIRECTOR OF GENERAL EDUCATION,
                GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA,
                JAGATHY, THIRUVANANTHAPURAM, PIN-695 005

      3         REGIONAL DEPUTY DIRECTOR,
                HIGHER SECONDARY EDUCATION, KOZHIKODE, PIN-673 001

      4         CORPORATE MANAGER,
                CORPORATE EDUCATIONAL AGENCY, DIOCESE OF
                THAMARASSERY, PIN-673 573


OTHER PRESENT:

                BIJOY CHANDRAN GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)2436 OF 2021                  2




                               JUDGMENT

Dated this the 1st day of February 2021

This writ petition is filed seeking the following reliefs:-

i) issue a writ of certiorari quashing P3.

ii) issue a writ of mandamus or appropriate writ or direction directing the respondents to approve the appointment of the petitioner as HSST (Hindi) w.e.f. 25.03.2017 and grant all consequential benefits including salary.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

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

that against the rejection of approval on the ground that Ext. P7

qualification possessed by the petitioner is not recognized as

qualification for appointment to the post of HSST (Hindi).

4. The petitioner has approached the Government with

Ext. P9 and P9(a) representations which are liable to be

considered in accordance with law.

5. Having heard the learned Government Pleader also,

there will be a direction to the 1st respondent to take up, consider

and pass orders on Ext. P9 and P9(a) representations preferred

by the petitioner and to dispose of the same within a period of

three months from the date of receipt of a copy of this judgment.

The petitioner as well as the 4th respondent shall be put on notice

and heard by any appropriate means, including through Video

Conference before orders are passed, as directed above.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

ssa

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 25.03.2017 APPOINTING THE PETITIONER AS HSST (HINDI).

EXHIBIT P2 TRUE COPY OF THE SELECTION COMMITTEE REPORT DATED 25.03.2017 BY A COMMITTEE INCLUDING GOVERNMENT NOMINEE.

EXHIBIT P3 TRUE COPY OF THE ORDER OF THE RDD, KOZHIKODE NO. A4/2452/17/KDIS. DATED 03.02.2018 REJECTING THE PROPOSAL.

EXHIBIT P4 TRUE COPY OF THE PROCEEDING OF THE MANAGER APPOINTING THE PETITIONER AS HSA (HINDI) ON 06.09.2001.

EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS OF THE MANAGER NO. 114/2016 DATED 30.05.2016 ORIGINALLY APPOINTING THE PETITIONER AS HSST (HINDI) W.E.F 01.06.2016.

EXHIBIT P6 TRUE COPY OF THE M.A. (HINDI), DEGREE CERTIFICATE AWARDED BY DAKSHINA BHARAT HINDI PRACHAR SABHA IN THE EXAMINATION CONDUCTED IN 2015.

EXHIBIT P6 A TRUE COPY OF THE EQUIVALENCY CERTIFICATE ISSUED BY MAHATMA GANDHI UNIVERSITY, KOTTAYAM IN RESPECT OF M.A. (HINDI) DISTANCE EDUCATION AWARDED BY DAKSHINA BHARAT HINDI PRACHAR SABHA.

EXHIBIT P7 TRUE COPY OF THE DEGREE CERTIFICATE OBTAINED IN RESPECT OF SIKSHA SNATHAK AWARDED BY DAKSHINA BHARAT HINDI PRACHAR SABHA.

EXHIBIT P7A TRUE COPY OF THE COURSE CERTIFICATE STATING THAT PETITIONER HAS UNDERGONE THE COURSE IN THE YEAR 1992-1993 AND PASSED IN APRIL, 1993.

EXHIBIT P7B TRUE COPY OF THE ELIGIBILITY CERTIFICATE ISSUED BY M.G. UNIVERSITY, KOTTAYAM.

EXHIBIT P7C TRUE COPY OF THE DEGREE OF RASHTRA BHASHA

PRAVEEN AWARDED TO THE PETITIONER.

EXHIBIT P7D TRUE COPY OF THE B.A. DEGREE CERTIFICATE AWARDED TO THE PETITIONER.

EXHIBIT P8 TRUE COPY OF G.O(MS) NO. 150/1988/G.EDN DATED 03.10.1988.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 19.11.2018 GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT.

EXHIBIT P9A TRUE COPY OF THE REPRESENTATION DATED 15.12.2020 GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE PROCEEDINGS OF THE RDD, KOTTAYAM NO. A4/2452/17 DATED 07.08.2017 SANCTIONING LOWER SCALE.

EXHIBIT P11 TRUE COPY OF THE COMMUNICATION NO. ACD.

B1/94146/2017/HSE DATED 04.12.2018 ISSUED BY THE JOINT DIRECTOR.

EXHIBIT P12 TRUE COPY OF G.O(RT) NO. 3307/2005/G.EDN DATED 04.07.2005.

EXHIBIT P13 TRUE COPY OF THE DAKSHINA BHARAT HINDI PRACHAR SABHA ACT, 1964 (ACT NO. 14 OF 1964).

EXHIBIT P14 TRUE COPY OF THE G.O (MS) NO.

272/2018/HEDN. DATED 13.11.2018.

EXHIBIT P15 TRUE COPY OF THE GOVERNMENT ORDER NO.

48886/T1/2002/G.EDN. DATED 10.12.2002 DIRECTING PAYMENT OF LOWER SCALE SALARY IN RESPECT OF PROMOTED TEACHERS IN THE 25 % QUOTA AS HSSTS.

EXHIBIT P16 TRUE COPY OF THE ORDER IN W.P.C NO.

17676/2009 DATED 06.11.2009.

EXHIBIT P16 (A) TRUE COPY OF THE JUDGMENT IN WRIT APPEAL NO. 2903/2009 DATED 02.03.2010.