Kerala High Court
N.Jiji vs State Of Kerala on 15 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942
WP(C).No.2637 OF 2021(D)
PETITIONER :-
N.JIJI
UPPER PRIMARY SCHOOL TEACHER (UPST),
A.U.P. SCHOOL CHERUMUNDASSERY,
CHERUMUNDASSERY P.O., PALAKKAD - 679 512.
BY ADVS. SRI.S.M.PREM
SRI.P.RAMACHANDRAN (PALAKKAD)
SRI.H.NARAYANAN
RESPONDENTS :-
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 DIRECTOR OF GENERAL EDUCATION
JAGATHY, THYCAUD P. O.,
THIRUVANANTHAPURAM - 695 014.
3 DEPUTY DIRECTOR OF EDUCATION
CIVIL STATION, PALAKKAD - 678 001.
4 ASSISTANT EDUCATIONAL OFFICER
OTTAPPALAM, PALAKKAD - 679 012.
5 MANAGER
A.U.P. SCHOOL CHERUMUNDASSERY,
CHERUMUNDASSERY P. O., PALAKKAD - 679 512.
6 HEADMASTER
A.U.P. SCHOOL CHERUMUNDASSERY,
CHERUMUNDASSERY P. O., PALAKKAD - 679 512.
ADDL. 7 JALAJA C.P.
UPPER PRIMARY SCHOOL TEACHER (UPST),
A.U.P.SCHOOL CHERUMUNDASSERY,
CHERUMUNDASSERY P.O., PALAKKAD - 679 512.
ADDL.7TH RESPONDENT IS IMPLEADED AS PER ORDER DATED
15.2.2021 IN I.A.No.1/2021.
BY SMT.NISHA BOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.2637 OF 2021(D)
-: 2 :-
JUDGMENT
Dated this the 15th day of February, 2021
This writ petition is filed seeking directions to the 4 th respondent
- AEO to grant approval of appointment to the petitioner as UPSA
with effect from 13-06-2016 in A.U.P. School Cherumundassery by
revising Exhibit P2 Staff Fixation Order and sanctioning one
additional division vacancy as directed by Government in Exhibit P7
order.
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 the petitioner had been appointed as UPSA in the 5 th
respondent's school on 13.6.2016 in an additional divisional vacancy.
Her appointment was approved only from 1.6.2018. It is submitted
that the 7th respondent was also appointed in the 5th respondent's
school on 1.7.2016. When her appointment was not approved, she
had approached the Government by filing a revision petition. The 7 th
respondent had also approached this Court by filing W.P.(C)
No.7093/2020 seeking directions to the respondents therein to
sanction 5th division in the Upper Primary Section for the academic
year 2015-16 and for a further direction to the Government to
consider her claim for approval against the said post. By Ext.P6
WP(C).No.2637 OF 2021(D)
judgment, this Court directed the consideration of the revision
petition preferred by the 7 th respondent with notice to the Manager
also. Ext.P7 order has been passed on 24.11.2020 by the Government
on the revision petition preferred by the 7th respondent. It is found in
Ext.P7 that the appointment of the 7 th respondent in the additional
division vacancy which became available in the year 2015-16 is liable
to be considered and the staff fixation is to be revised allowing a
further post in the academic year 2015-16. It is submitted that the
AEO had resultantly been directed by the Government to take a
decision on the proposal for approval of appointment of the 7 th
respondent after revising the staff fixation for the year 2015-16 by
allowing a further division.
4. The learned counsel for the petitioner submits that the
petitioner had been appointed as UPSA prior to the 7 th respondent in
the same school and therefore, when steps for implementation of
Ext.P7 are being taken by the AEO, the petitioner's claim for approval
is also liable to be considered. The petitioner has now preferred
Ext.P8 representation before the AEO seeking consideration of her
claim also when Ext.P7 Government Order is being implemented.
5. Having heard the learned counsel for the petitioner and the
learned Government Pleader, I am of the opinion that since the
petitioner has a claim that she was appointed in the 5 th respondent's
WP(C).No.2637 OF 2021(D)
school from 13.6.2016 onwards, which is before the appointment of
the 7th respondent on 1.7.2016, the claim of the petitioner is also
liable to be considered when Ext.P7 is being implemented.
In the above view of the matter, there will be a direction to
the 4th respondent to take up, consider and pass orders on Ext.P8
representation submitted by the petitioner also while taking further
steps for implementation of Ext.P7 Government Order. The petitioner
as well as the Manager and the 7 th respondent shall be put on notice
by the AEO while implementing Ext.P7. Orders shall be passed within
a period of one month from the date of receipt of a copy of this
judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Jvt/20.2.2021
WP(C).No.2637 OF 2021(D)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED
13.06.2016 ISSUED BY THE 5TH RESPONDENT - MANAGER
APPOINTING THE PETITIONER AS UPSA.
EXHIBIT P2 TRUE COPY OF THE STAFF FIXATION ORDER
NO.D.DIS.G/3038/2015 DATED 12.04.2016 ISSUED BY
THE 4TH RESPONDENT - AEO IN RESPECT OF
A.U.P.SCHOOL CHERUMUNDASSERY FOR THE ACADEMIC YEAR
2015-2016.
EXHIBIT P3 TRUE COPY OF THE STAFF FIXATION ORDER
NO.D.DIS.E/3799/2017 DATED 07.12.2017 ISSUED BY
THE 4TH RESPONDENT - AEO IN RESPECT OF
A.U.P.SCHOOL CHERUMUNDASSERY FOR THE ACADEMIC YEAR
2016-2017.
EXHIBIT P4 TRUE COPY OF CERTIFICATE DATED 15.01.2020 ISSUED
BY THE 6TH RESPONDENT - HEADMASTER CERTIFYING THAT
THE PETITIONER HAS BEEN WORKING AS UPSA SINCE
13.06.2016 IN A.U.P.SCHOOL CHERUMUNDASSERY.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 01.06.2018 ISSUED BY
THE 5TH RESPONDENT - MANAGER ACCOMMODATING THE
PETITIONER AS UPSA IN THE SUBSTANTIVE VACANCY
WHICH AROSE ON 01.04.2018.
EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 09.03.2020 IN WP(C)
NO.7093 OF 2020.
EXHIBIT P7 TRUE COPY OF GO(RT) NO.3136/2020/G.EDN. DATED
24.11.2020.
EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATAED 05-02-2021
SUBMITTED TO THE 4TH RESPONDENT - AEO.
//TRUE COPY//
P.A. TO JUDGE
