The Manager vs The Manager
2021 Latest Caselaw 4699 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

              THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

                                    &

              THE HONOURABLE MR. JUSTICE GOPINATH P.

     TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                            WA.No.266 OF 2021

  AGAINST THE JUDGMENT DATED 04-12-2020 IN WP(C) 35095/2019(J) OF
                       HIGH COURT OF KERALA


APPELLANT/7th RESPONDENT:

             THE MANAGER,
             KOORIKUZHI AMU.P. SCHOOL
             KAIPAMANGALAM, TRICHUR-680 681.

             BY ADVS.
             SRI.S.M.PREM
             SRI.P.RAMACHANDRAN (PALAKKAD)
             SRI.H.NARAYANAN

RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 6 AND 8:

      1      BEENA C. THAMBI
             AGED 31 YEARS
             L.P.S.T. (STANDS RETRENCHED), KOORIKUZHI AIDED MUSLIM
             UPPER PRIMARY SCHOOL, KAIPAMANGALAM, TRICHUR-680 681,
             RESIDING AT KANJIRATHINGAL HOUSE, KAIPAMANGALAM P.O.,
             KAIPAMANGALAM, TRICHUR-680 681.

      2      STATE OF KERALA,
             REPRESENTED BY SECRETARY, GENERAL EDUCATION
             DEPARTMENT, GOVERNMENT SECRETARIAT (ANNEX),
             THIRUVANANTHAPURAM-695 001.

      3      THE DIRECTOR OF GENERAL EDUCATION,
             THIRUVANANTHAPURAM-695 014.

      4      THE DEPUTY DIRECTOR OF EDUCATION,
             CIVIL STATION, TRICHUR-680 002.

      5      THE DISTRICT EDUCATIONAL OFFICER,
             CHAVAKKAD, TRICHUR-680 105.

      6      THE ASSISTANT EDUCATIONAL OFFICER.,
             VALAPPAD, TRICHUR-680 103.
 WA No.266/2021                     -2-



        7        THE DEPUTY DIRECTOR OF EDUCATION,
                 PATHANAMTHITTA-689 645.

        8        THE ASSITANT EDUCATIONAL OFFICER,
                 PATHANAMTHITTA-689 645.


OTHER PRESENT:

                 SMT. RAJI. T. BHASKAR. -G.P.

     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA No.266/2021                   -3-



                         JUDGMENT

DATED THIS THE 9th DAY OF FEBRUARY, 2021

Shaffique, J:

This appeal has been filed by the 7 th respondent challenging

judgment dated 04-12-2020 in W.P (C) No.35095/2019. Writ

petition was filed by the 1 st respondent herein claiming benefit

under Rule 51A of Chapter XIV A of Kerala Education Rules

(KER). According to the writ petitioner she worked in the school

managed by the appellant from 03-06-2013 to 14-07-2016.

Thereafter on account of division fall she was retrenched and she

became a protected teacher. Contention urged by the petitioner

is that though she was a Rule 51A claimant and two vacancies

had arisen on 01-06-2017 and 01-06-2019 respectively on

account of retirement of teachers, attempts were made by the

Manager to appoint two other teachers in the said vacancies.

2. The appellant contended that they were managing 4

schools. Yet another school, Kochukoikkal in Pathanamthitta was

purchased by them. The request of the petitioner was to

accommodate her at Koorikuzhi AMUP School, Kaipamangalam.

Since there were no vacancy to accommodate the petitioner and

there was a vacancy at Kochukoikkal School at Pathanamthitta

she could be accommodated there. The petitioner submitted that

in so far as the vacancy had arisen in Koorikuzhi school she

should be accommodated in the said vacancy.

3. There is no dispute about the fact that the petitioner

was a Rule 51A claimant. There is also no dispute about the fact

that a vacancy had arisen in the LPSA, Koorikuzhi School on

01-06-2017. The learned Single Judge therefore directed that the

petitioner ought to have been accommodated in the vacancy

which arose on 01-06-2017 in Koorikuzhi School. Further

directions were also issued regarding payment of benefits to the

petitioner and recovery etc.

4. Learned counsel for the appellant would submit that

the appointment of the writ petitioner from 03-06-2013 to 14-07-

2016 has been approved only on 25-03-2019. We don't think that

the subsequent approval of the petitioner's engagement in the

school for the aforesaid period will make any difference in the

claim made by the petitioner, in so far as the approval relates

back the period during which the petitioner was working.

Further, it is seen from Exts.P10 & P11 that subsequent to

25-03-2019 two teachers' were appointed in the vacancy which

had arisen in Koorikuzhi School. Taking into account all these

facts, there is justification on the part of the learned Single

Judge to have issued the impugned direction. We don't find any

ground to interfere with the said judgment. The appellant shall

appoint the 1st respondent within one week from today.

Writ appeal is dismissed.

(Sd/-) A.M. SHAFFIQUE, JUDGE.

(Sd/-) GOPINATH P., JUDGE.

AMG

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE JUDGMENT DATED 27.06.2010 PASSED IN WPC NO.21159 OF 2018.

ANNEXURE A2 TRUE COPY OF THE JUDGMENT DATED 29.03.2019 PASSED IN WPC NO.5564 OF 2019.