Geetha Maruvayil vs The State Of Kerala
2021 Latest Caselaw 3906 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                      WP(C).No.28532 OF 2020(N)

PETITIONER:

               GEETHA MARUVAYIL, AGED 54 YEARS
               W/O RAMAACHANDRAN, THAYULLATHIL HOUSE
               (NEAR BUS STOP), PUTHUPPANAM, VADAKARA,
               KOZHIKODE, (WORKING AS UPSA KADATHANAD
               RAJAS HIGHER SECONDARY SCHOOL (KRHSS)
               PURAMERI, KOZHIKODE)

               BY ADVS.
               SRI.S.SHANAVAS KHAN
               SMT.S.INDU

RESPONDENTS:

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

      2        THE DIRECTOR OF GENERAL EUCATION,
               (FORMER DIRECTOR OF PUBLIC INSTRUCTIONS),
               JAGATHI, THIRUVANANTHAPURAM-695 014.

      3        THE DEPUTY DIRECTOR OF EDUCATION,
               OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
               MANANCHIRA, KOZHIKODE-673 001.

      4        THE DISTRICT EDUCATIONAL OFFICER,
               MINI CIVIL STATION, VADAKARA, KOZHIKODE-673 101.

      5        THE MANAGER, KADATHANAD RAJAS HIGHER SECONDARY
               SCHOOL, PURAMERI, KOZHIKODE-673 503.

               SRI. P.M.MANOJ - SR.GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD         ON
03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 28532/20
                                           2


                                   JUDGMENT

The petitioner says that she is working as

an Upper Primary School Teacher in 'K.R.Higher

Secondary School', Purameri, from 04.10.2000.

She, however, concedes that she had been

declared as an excess teacher between the

period from 15.07.2005 to 27.06.2012, but that

she was not relieved from the School and was

retained as an Upper Primary School Teacher,

as if she was a regular one. She says that her

continuance has benefited the school and that

she was serving in multiple roles; as a

Teacher and Guide Captain, as is evident from

Exts.P11 and P12.

2. The petitioner says that Exts.P8 to

P10 series of documents would show that she

had discharged her duties diligently and that

she had been issued with Exts.P14 and P15

commendation letters for having worked without

fault. She submits that, therefore, she is WPC 28532/20

entitled to be regularised in service under

the mandate of the Circular of the Director of

General Education (DGE) dated 09.09.2019,

wherein, teachers who were actively working as

Scout Masters and Guide Captains, Club Masters

and Bull-bull Flock Leaders, are eligible for

retention in schools, even if there is a fall

in division. She asserts that this Circular is

applicable to her and that her continuation in

the School is necessary as is clear from

Ext.P7 letter of the Headmistress; and further

that had she been not so required, she would

not have been allowed to continue for so long

without any break.

3. The petitioner says that, therefore,

she has preferred Ext.P19 representation

before the 1st respondent - State of Kerala,

particularly because a teacher, who was

similarly situated, had already been

regularised and paid his salary. She, WPC 28532/20

therefore, prays that the 1st respondent be

directed to regularise her service as UPSA for

the period between 15.07.2005 to 27.06.2012

and to release her salary and consequential

benefits.

4. In response to the afore submissions

made on behalf of the petitioner by her

learned counsel - Smt.S.Indu, the learned

Senior Government Pleader - Sri.P.M.Manoj,

submitted that since the petitioner has

already approached the Government through

Ext.P19 representation, this Court may allow

its competent Authority to consider the same,

based on her contentions, especially because,

most of what has been asserted in this Writ

Petition fall in the factual realm. He

submitted that he is making this request

because the petitioner is relying upon a

Circular of the 2nd respondent and therefore,

that the Government will have to decide WPC 28532/20

whether same is applicable to her and also as

to whether any other teacher who was

identically situated had been granted the

benefits as has been prayed for by the

petitioner. He, therefore, prayed that this

Writ Petition be ordered on such terms.

5. In reply, Smt.S.Indu submitted that

there is yet another reason why her client has

approached this Court and that is because, if

the leave vacancies in the school in question

that arose between the period 15.07.2005 and

27.06.2012 had been properly reported, her

client's service could have been adjusted

against any one of them; and further that a

certain Sri.Madhavan, who had earlier worked

as a Lower Grade Hindi Teacher in the School,

obtained his salary through the Government

Order bearing No.B5-5827/108,B5-5826/08, B5-

5821/08 for the period between 1996-1999 and

that the reasons therein would also be WPC 28532/20

applicable to her client. She, therefore,

prayed that this Writ Petition be ordered in

the manner as prayed for.

6. When I go through the afore

submissions, it is indubitable that this Court

cannot enter into the merits of the

contentions of the petitioner at the first

instance, since she has already approached the

Government through Ext.P19 representation.

That apart, going by Rule 3 Chapter I of the

Kerala Education Rules (KER for short), it is

competent for the Government to decide whether

operation of any Rule would cause hardship in

a particular case, which will then enable them

to dispense with the requirements of that Rule

on such conditions as it may deem fit.

Indubitably, therefore, the Government will be

in the best position, at least for the first

instance, to consider the claims of the

petitioner.

WPC 28532/20

In the afore circumstances, I order this

writ petition and direct the competent

Authority of the 1st respondent to take up

Ext.P19 representation of the petitioner and

dispose of the same, after adverting to all

her contentions impelled in this Writ Petition

and after affording her, as also the Manager

of the School, an opportunity of being heard -

either physically or through videoconferencing

- thus culminating in an appropriate order

thereon as expeditiously as is possible, but

not later than three months from the date of

receipt of a copy of this judgment.

I make it clear that the afore directions

are peremptory in nature and that Government

must comply with it without seeking additional

time, since the petitioner says that she is

due to retire in a year's time.

Sd/-

                                           DEVAN RAMACHANDRAN
      RR                                          JUDGE
 WPC 28532/20




                           APPENDIX
      PETITIONER'S/S EXHIBITS:

      EXHIBIT P1        TRUE COPY OF THE ORDER DATED

4.7.1995 OF THE 4TH RESPONDENT

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 4.10.2000 OF THE 4TH RESPONDENT

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 27.11.2000 OF THE 4TH RESPONDENT

EXHIBIT P4 TRUE COPY OF THE CHARTER DATED 20.4.2004 ISSUE BY STATE SECRETARY KERALA STATE BHARAT SCOUTS AND GUIDES STATE HEAD QUARTERS TRIVANDRUM

EXHIBIT P5 TRUE COPY OF THE WARRANT NO GC/VDA/12069/5057/2004 DATED 30.7.2004 ISSUED BY STATE CHIEF COMMISSIONER OFFICE OF THE KERALA STATE BHARAT SCOUTS AND GUIDES

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 7.6.2005 SUBMITTED BY PETITIONER BEFORE THE 3RD RESPONDENT

EXHIBIT P7 TRUE COPY OF THE REQUEST LETTER DATED 7.6.2012 SENT BY HEADMISTRESS, K.R.HIGHER SECONDARY SCHOOL, PURAMERI TO THE 3RD RESPONDENT AS PER THE DIRECTION OF 5TH RESPONDENT

EXHIBIT P8 TRUE COPY OF THE RELEVANT PAGE OF THE ATTENDANCE REGISTER FOR THE MONTH OF JANURARY,2008 IN WHICH PETITIONERS NAME IS INCLUDED AS SERIAL NO 61

EXHIBIT P9 TRUE COPY OF THE RELEVANT PAGE OF THE ATTENDANCE REGISTER FOR THE MONTH OF JANUARY, 2012 IN WHICH PETITIONERS NAME IS INCLUDED AS WPC 28532/20

SERIAL NO 53

EXHIBIT P10 TRUE COPY OF THE ATTENDANCE CERTIFICATE ISSUED BY HON'BLE SECRETARY, KERALA STATE BHARAT SCOUTS AND GUIDES DATED 26.12.2005

EXHIBIT P10 (A) TRUE COPY OF THE ATTENDANCE CERTIFICATE ISSUED BY HON'BLE SECRETARY, KERALA STATE BHARAT SCOUTS AND GUIDE DATED 20.11.2006

EXHIBIT P10 (B) TRUE COPY OF THE ATTENDANCE CERTIFICATE ISSUED BY HON'BLE SECRETARY, KERALA STATE BHARAT SCOUTS AND GUIDE DATED 31`.5.2007

EXHIBIT P10 (C) TRUE COPY OF THE ATTENDANCE CERTIFICATE ISSUED BY HON'BLE SECRETARY, KERALA STATE BHARAT SCOUTS AND GUIDE DATED 31.8.2008

EXHIBIT P10 (D) TRUE COPY OF THE ATTENDANCE CERTIFICATE ISSUED BY HON'BLE SECRETARY, KERALA STATE BHARAT SCOUTS AND GUIDE DATED 13.8.2009

EXHIBIT P10 (E) TRUE COPY OF THE ATTENDANCE CERTIFICATE ISSUED BY HON'BLE SECRETARY, KERALA STATE BHARAT SCOUTS AND GUIDE DATED 4.1.2010

EXHIBIT P11 TRUE COPY OF THE RAJYAPURASKAR CERTIFICATE DATED 30.2.2011 AWARDED TO ONE OF THE STUDENTS

EXHIBIT P12 TRUE COPY OF THE CERTIFICATE OF RASHTAPATHI GUIDE DATED 9.9.2013 AWARDED TO ONE OF THE STUDENTS

EXHIBIT P13 TRUE COPY OF THE COMMUNICATION DATED 15.5.2007 ISSUED BY STATE SECRETARY, KERALA STATE BHARAT SCOUTS AND GUIDES TO THE PRINCIPAL, KADATHANAD RAJAS HIGHER SECONDARY SCHOOL PURAMERI WPC 28532/20

EXHIBIT P14 TRUE COPY OF THE PRASAMSAPATHRA DATED 26.9.2007 ISSUED BY GOVERNMENT OF KERALA, DEPARTMENT OF EDUCATION

EXHIBIT P15 TRUE COPY OF THE PRASAMSAPATHRA DATED NIL IN RESPECT OF SERVICES RENDERED FOR THE YEAR 2008-2009

EXHIBIT P16 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 26.6.2012

EXHIBIT P17 TRUE COPY OF THE REPRESENTATION DATED 30.6.2014 SUBMITTED THROUGH PROPER CHANNEL BEFORE THE 1ST RESPONDENT

EXHIBIT P18 TRUE COPY OF THE LETTER NO 482579/LI/2016/G.ED DATED 23.3.2017 ISSUED BY THE 1ST RESPONDENT TO THE SECOND RESPONDENT

EXHIBIT P19 TRUE COPY OF THE REPRESENTATION DATED 24.11.2020 SENT BY PETITIONER TO 1ST RESPONDENT