Siji T.O vs State Of Kerala
2021 Latest Caselaw 5553 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

           TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942

                           WP(C).No.690 OF 2021(I)


PETITIONERS:

       1        SIJI T.O.
                AGED 51 YEARS
                D/O. OUSEPH.T.V., HSST (JR), MALAYALAM, ST. CLARE ORAL SCHOOL
                FOR THE DEAF, MANICKAMANGALAM, ERNAKULAM DISTRICT, RES.
                THIRUTHANATHIL(H), ANAPPARA P.O., MANJAPRA, ERNAKULAM
                DISTRICT

       2        SHEEBA.P.,
                AGED 39 YEARS
                W/O. HARIKUMAR.M., HSST (CHEMISTRY, ST.CLARE ORAL SCHOOL OF
                THE DEAF, MAICKAMANGALAM, ERNAKULAM DISTRICT, RES.
                PADMAVILAS, SREEMOOLANAGARAM (P.O), ERNAKULAM-683 580

       3        LIJO MATHEW
                AGED 33 YEARS
                S/O. MATHEW GEORGE, HSST (COMPUTER SCIENCE, ST.CLARE ORAL
                SCHOOL OF THE DEAF, MAICKAMANGALAM, ERNAKULAM DISTRICT, RES.
                CHAKKALAYIL HOUSE, THALAVADY P.O., PIN-689 572, ALAPPUZHA
                DISTRICT

       4        NAVYA.M.J.
                AGED 40 YEARS
                W/O. JEAS JOSEPH, HSST (PHYSICS, ST.CLARE ORAL SCHOOL OF THE
                DEAF, MAICKAMANGALAM, ERNAKULAM DISTRICT, RES.VALLOORAN (H)
                VELLARAPILLY SOUTH P.O., SREEMOOLANAGARAM, ERNAKULAM-683 580

       5        SUMA.P.A.
                AGED 46 YEARS
                W/O. JONY ANTONY, HSST (MATHS, ST.CLARE ORAL SCHOOL OF THE
                DEAF, MAICKAMANGALAM, ERNAKULAM DISTRICT, PADAYATTIL HOUSE,
                PADUVAPURAM P.O., PALISSERY, ANGAMALY, ERNAKULAM-683 576

       6        VARGHESE.P.A.
                AGED 46 YEARS
                S/O. ANTONY.P.A., HSST (JR) ENGLISH, ST.CLARE ORAL SCHOOL OF
                THE DEAF, MAICKAMANGALAM, ERNAKULAM DISTRICT, RES.PUTHUSSERY
                (H), KARUKUTTY P.O., PIN-683 576, ERNAKULAM DISTRICT,

                BY ADVS.
                SRI.K.T.THOMAS
                SRI.MATHEW B. KURIAN

RESPONDENTS:

       1        STATE OF KERALA
                REP BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
                SECRETARIAT ANNEXE, THIRUVANANTHAPURAM-695 001
 WP(C).No.690 OF 2021(I)

                                      2




       2         THE DIRECTOR OF GENERAL EDUCATION,
                 DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
                 THIRUVANANTHAPURAM-695 014

       3         THE REGIONAL DEPUTY DIRECTOR,
                 HIGH SECONDARY EDUCATION, EDAPPALLY, ERNAKULAM-682 025

       4         THE MANAGER,
                 ST.CLARE ORAL SCHOOL OF THE DEAF, MAICKAMANGALAM,
                 ERNAKULAM DISTRICT,-683 574


OTHER PRESENT:

                 SRI. P.M.MANOJ - SR.GP

      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.690 OF 2021(I)

                                  3




                            JUDGMENT

The petitioners say that they were appointed as Higher

Secondary School Teachers (HSST) in "St.Clare Oral School for

Deaf", Manickamangalam, with effect from 26.03.2014,

27.03.2014 and 28.03.2014 respectively, pursuant to Ext.P1

order, which granted Aided School status to its Higher Secondary

Section by the State Government.

2. The petitioners say that their appointments were made

as per the mandate of Ext.P2 order dated 04.03.2014, which

created the posts but that, inspite of this, the 3 rd respondent

approved their appointment only with effect from 15.07.2014.

The petitioners say that even though they made several

representations before the competent Educational Authorities,

none of them were considered, thus constraining them to

approach the 1st respondent - State of Kerala through Ext.P7; and

thus pray that same be directed to be taken up and disposed of

at the earliest.

3. The learned Senior Government Pleader submitted that

there is no legal impediment in Ext.P7 representation being taken

up and disposed of; but prayed that this Court may not make any WP(C).No.690 OF 2021(I)

affirmative declaration as to the entitlement of the petitioners to

any relief and leave it to the competent Authority to take a

decision on it in terms of law.

In the afore circumstances, I order this writ petition and

direct the competent Secretary of the 1 st respondent to take up

Ext.P7 representation filed by the petitioners and to dispose of

the same, after affording an opportunity of being heard to the

petitioners - either physically or through video conferencing -

leading to an appropriate decision thereon, as expeditiously as is

possible but not later than two months from the date of receipt of

a copy of this judgment.

SD/-

                                           DEVAN RAMACHANDRAN

rp                                                 JUDGE
 WP(C).No.690 OF 2021(I)






                                   APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1                 TRUE COPY OF THE ORDER DATED 20.09.2012 ISSUED BY
                           THE 1ST RESPONDENT

EXHIBIT P2                 TRUE COPY OF THE ORDER DATED 04.03.2014 ISSUED BY
                           THE 1ST RESPONDENT

EXHIBIT P3                 TRUE COPY OF THE ORDER DATED 05.08.2014 ISSUED BY
                           THE 3RD RESPONDENT

EXHIBIT P4                 TRUE COPY OF THE ORDER DATED 11.05.2015 ISSUED BY
                           THE 3RD RESPONDENT

EXHIBIT P5                 TRUE COPY OF THE ORDER DATED 11.05.2015 ISSUED BY
                           THE 3RD RESPONDENT

EXHIBIT P6                 TRUE COPY OF THE ORDER DATED 23.05.2015 ISSUED BY
                           THE 3RD RESPONDENT

EXHIBIT P7                 TRUE COPY OF THE REPRESENTATION DATED 05.11.2020
                           SUBMITTED BY PETITIONERS

EXHIBIT P8                 TRUE COPY OF THE POSTAL RECEIPT DATED 11.11.2020

EVIDENCING SUBMISSION OF REPRESENTATION BY PETITIONERS