Kerala High Court

Ansu.V.A. vs State Of Kerala on 5 February, 2021

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

                       WP(C).No.5039 OF 2019(D)


PETITIONER:

               ANSU.V.A., AGED 38 YEARS, VELIYATHUPARAMBIL HOUSE,
               WEST COMBARA, IRINJALAKUDA P.O, THRISSUR-680121.
               (NOW RESIDING AT ADIPARAMBIL HOUSE, AMBALANADA,
               PULLUR PO.,680 683)

               BY ADVS.
               SRI.K.SUDHINKUMAR
               SRI.N.L.BITTO

RESPONDENTS:

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

      2        DIRECTOR OF PUBLIC INSTRUCTIONS,
               OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS,
               JAGATHY, THIRUVANANTHAPURAM-695 014.

      3        DEPUTY DIRECTOR OF EDUCATION,
               OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
               CIVIL STATION, AYANTHOL, THRISSUR-680 003.

      4        DISTRICT EDUCATION OFFICER,
               IRINJALAKKUDA, THRISSUR-680 121.

      5        THE CORPORATE MANAGER, S.N.CHANDRIKA EDUCATIONAL
               TRUST, S.N. NAGAR, IRINJALAKKUDA-680125.

      6        JINI P.C., U.P.S.A.,S.N. HIGHER SECONDARY SCHOOL,
               IRINJALAKKUDA-680125.

               BY ADVS. SRI.V.A.MUHAMMED
                        SRI P.M. MANOJ (SR GP)

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.02.2021, ALONG WITH WP(C).5747/2019(P), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(C)Nos.5039 & 5747 OF 2019

                                  -2-

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

                       WP(C).No.5747 OF 2019(P)

PETITIONER:
               P.C.JINI, AGED 34 YEARS,
               DAUGHTER OF P.K.CHANDRAN,
               UPPER PRIMARY SCHOOL ASSISTANT,
               SREE NARAYANA HIGHER SECONDARY SCHOOL,
               IRINJALAKUDA,THRISSUR DISTRICT-680 121

               BY ADVS.
               SRI.V.A.MUHAMMED
               SRI.M.SAJJAD

RESPONDENTS:

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

      2        THE DIRECTOR OF PUBLIC INSTRUCTION,
               JAGATHY, THIRUVANANTHAPURAM-695 014.

      3        THE DEPUTY DIRECTOR OF EDUCATION,
               AYYANTHOLE, THRISSUR-680 003.

      4        THE DISTRICT EDUCATIONAL OFFICER,
               IRINJALAKUDA,THRISSUR DISTRICT-680 121.

      5        THE MANAGER,
               SREE NARAYANA HIGHER SECONDARY SCHOOL,
               IRINJALAKUDA, THRISSUR DISTRICT.

      6        THE HEAD MASTER,
               SREE NARAYANA HIGHER SECONDARY SCHOOL,
               IRINJALAKUDA, THRISSUR DISTRICT-680 121
 WP(C)Nos.5039 & 5747 OF 2019

                               -3-


      7     SMT. V.A.ANSU,
            UPPER PRIMARY SCHOOL TEACHER,
            SREE NARAYANA HIGHER SECONDARY SCHOOL,
            IRINJALAKUDA, THRISSUR DISTRICT-680 121.

            BY ADVS. SRI.P.MOHANDAS (ERNAKULAM)
                     SRI.S.VIBHEESHANAN
                     SRI.K.SUDHINKUMAR
                     SRI.N.L.BITTO
                     SRI.P.M.MANOJ, SR.GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.02.2021, ALONG WITH WP(C).5039/2019(D), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(C)Nos.5039 & 5747 OF 2019

                                   -4-

                            JUDGMENT

[ WP(C).5039/2019, WP(C).5747/2019 ]

Dated this the 5th day of February 2021

These two writ petitions have been filed by

two teachers who were working in "Sree Narayana

Higher Secondary School, Irinjalakuda", and the

pleadings show that the dispute between them

revolve on their rival claims of inter se

seniority.

2. However, when these matters were called

today, the learned counsel for the parties are

ad idem that, pending the lis, Ext.R6(h) order

in W.P.(C)No.5039 of 2019 has been issued by the

Deputy Director of Eduction, Thirssur, on

26.06.2019 (which is same as Ext.P11 in W.P.

(C)No.5747 of 2019), settling the disputes

between the parties; but that the appeal filed

by the Manager of the School has been rejected

solely because one among these writ petitions,

namely W.P.(C)No.5039 of 2019, is still pending. WP(C)Nos.5039 & 5747 OF 2019

3. Sri.K.Sudhinkumar - learned counsel

appearing for the petitioner in W.P.(C)No.5039

of 2019, submitted that his client will be now

satisfied if all the benefits consequent to

Ext.R6(h)order are granted to her and that, in

fact, these benefits have been acceded to by the

third respondent in the counter affidavit filed

in W.P.(C)No.5747 of 2019. Sri.K.Sudhinkumar,

in addition to this, submitted that though his

client was appointed on a scale of pay with

effect from 31.06.2013 to 31.08.2018, she has

not been paid salary after 2016, and that this

aspect also may be directed to be considered by

the Deputy Director of Education.

4. Sri.M.Sajjad - learned counsel appearing

for the petitioner in W.P.(C) No.5747 of 2019,

submitted that he does not stand in the way of

the limited prayer made by Sri.K.Sudhinkumar as

afore; but asserted that these writ petitions

are now unnecessary to be further prosecuted,

because his client has already been approved in WP(C)Nos.5039 & 5747 OF 2019

service.

Taking note of the afore submissions, I

dispose of these writ petitions, directing the

Deputy Director of Education to complete the

proceedings pursuant to Ext.R6(h) order and deal

with the claims of the teachers involved in

these cases as per law, specifically adverting

to the request made by Sri.K.Sudhinkumar on

behalf of Smt.Ansu V.A., as afore.

After I dictated this judgment, Sri.M.Sajjad

submitted that this Court may also direct the

Manager of the School to comply with Ext.R6(i)

communication of the District Educational

Officer, Irinjalakuda, dated 22.12.2020 -

produced along with W.P.(C)No.5039 of 2019

(which is same as Ext.P12 in W.P.(C)No.5747 of

2019) - whereby, he had been asked to submit a

proposal for approval of the appointment of his

client, Smt.P.C.Jini.

It is needless to say that since approval of

Smt.P.C.Jini has already been ordered by the WP(C)Nos.5039 & 5747 OF 2019

competent Authority, the Manager must forward

the proposal for her approval to the DEO. It is,

therefore, further ordered that this will be

done by the Manager within a period of two weeks

from the date of receipt of a copy of this

judgment and resultantly, the DEO will consider

same, as per law, within a period of one month

thereafter.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C)Nos.5039 & 5747 OF 2019

APPENDIX OF WP(C) 5039/2019 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 5TH RESPONDENT DATED 03.10.2013 AND APPROVED BY THE 4TH RESPONDENT ON 23.03.2016.

EXHIBIT P2 TRUE COPY OF THE VACANCY DETAILS AS ON 01.06.2016 ISSUED TO THE 4TH RESPONDENT BY THE 5TH RESPONDENT DATED NIL.

EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE PETITIONER BY THE 5TH RESPONDENT DATED 01.06.2018.

EXHIBIT P4 TRUE COPY OF THE ORDER NO. B-4489/18 DATED 22.11.2018.

EXHIBIT P5 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER THROUGH PROPER CHANNEL DATED 14.01.2019.

EXHIBIT P6 TRUE COPY OF THE ORDER NO.B2/14512/2018 DATED 31.01.2019.

RESPONDENT'S/S EXHIBITS :

EXHIBIT R6(a) TRUE COPY OF THE APPOINTMENT ORDER DATED 2.7.2013 OF THE 6TH RESPONDENT.

EXHIBIT R6(b) TRUE COPY OF THE ORDER NO.SC(1)38687/13/ DPI DATED 18.06.2013 OF HTE DIRECTOR.

EXHIBIT R6(c) TRUE COPY OF THE GOVERNMENT LETTER NO.G.EDN-J3/182/2017-G.EDN

EXHIBIT R6(d) TRUE COPY OF THE APPOINTMENT ORDER OF SMT.

LEKHA LOHIDAKSHAN DATED 02.07.2013

EXHIBIT R6(e) TRUE COPY OF THE APPEAL DATED 05.07.2018 FILED BY THE MANAGER BEFORE THE DDE, THRISSUR

EXHIBIT R6(f) TRUE COPY OF THE TEACHERS' ATTENDANCE REGISTER FOR JULY 2013.

EXHIBIT R6(g) TRUE COPY OF THE TEACHERS' ATTENDANCE REGISTER FOR OCTOBER 2013.

EXHIBIT R6(h) TRUE COPY OF THE ORDER NO.B2-

1033/2019/K.DIS. DATED 26.06.2019 OF THE DEPUTY DIRECTOR OF EDUCATION.

EXHIBIT R6(i) TRUE COPY OF THE LETTER NO.B5-1892/2019 DATED 22.12.2020 OF THE DEO.

APPENDIX OF WP(C) 5747/2019 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 02/07/2013 OF THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE ORDER NO.SC(1)38687/13/DPI DATED 18/06/2013 OF THE DIRECTOR.

EXHIBIT P3 TRUE COPY OF THE GOVERNMENT LETTER NO.G.EDN-J3/182/2017-G.EDN.

EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER OF SMT.LEKHA LOHIDAKSHAN DATED 02/07/2013.

EXHIBIT P5 TRUE COPY OF APPEAL DATED 05/07/2018 FILED BY THE MANAGER BEFORE THE 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 31/01/2019 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE ORDER DATED 22/11/2018 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE TEACHERS ATTENDANCE REGISTER FOR JULY 2013.

EXHIBIT P9 TRUE COPY OF THE TEACHERS' ATTENDANCE REGISTER FOR OCTOBER 2013.

EXHIBIT P10 TRUE COPY OF THE ORDER NO.B2-

1033/2019/K.DIS.DATED 26-06-2019 OF THE DEPUTY DIRECTOR OF EDUCATION.

EXHIBIT P11 TRUE COPY OF THE ORDER NO.B2-

1033/2019/K.DIS.DATED 26.06.2019 OF THE DEPUTY DIRECTOR OF EDUCATION.

EXHIBIT P12 TRUE COPY OF THE LETTER NO.B5-1892/2018 DATED 22.12.2020 OF THE DEO.

RESPONDENT'S/S EXHIBITS:

EXHIBIT R7(a) TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 7TH RESPONDENT BY THE 5TH RESPONDENT DATED 3/10/2013 AND APPROVED BY THE 4TH RESPONDENT ON 23/3/2016 WP(C)Nos.5039 & 5747 OF 2019

EXHIBIT R7(b) TRUE COPY OF THE VACANCY DETAILS AS ON 1/6/2016 ISSUED TO THE 4TH RESPONDENT BY THE 5TH RESPONDENT DATED NIL

EXHIBIT R7(c) TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 7TH RESPONDENT BY THE 5TH RESPONDENT DATED 1/6/2018

EXHIBIT R7(d) TRUE COPY OF THE APPEAL FILED BY THE PETITIONER THROUGH PROPER CHANNEL DATED 14/1/2019

EXHIBIT R7(e) TRUE COPY OF THE CERTIFICATE ISSUED TO THIS RESPONDENT BY THE 6TH RESPONDENT DATED 28/6/2006

//TRUE COPY// P.A. TO JUDGE