Kerala High Court
Deepa Mathew vs Deepa Mathew on 19 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 19TH DAY OF FEBRUARY 2021/30TH MAGHA,1942
W.A.No.438 OF 2020
AGAINST THE JUDGMENT dated 20.12.2019 IN W.P(C).NO.6898/2019(J)
OF HIGH COURT OF KERALA
APPELLANT/6th RESPONDENT:
DEEPA MATHEW
AGED 48 YEARS,W/O ELDHO K JOSEPH, U.P.S.T.RAJARSHI
MEMORIAL(R.M.)HIGHER SECONDARY SCHOOL,
VADAVUCODE, ERNAKULAM DISTRICT-682310,
RESIDING AT KALARIKATHADATHIL HOUSE,
KADAKKANADU.P.O,ERNAKULAM DISTRICT-682311.
BY ADV. SRI.BIJU ABRAHAM
RESPONDENTS/PETITIONERS & RESPONDENTS 1 TO 5:
1 C.SINDHU
AGED 46 YEARS, W/O.KURIAKOSE,KARAKATTU HOUSE,
KANINADU,NOW WORKING AS UPPER PRIMARY SCHOOL
TEACHER,RMHSS,VADAVUKODE,ERNAKULAM-682310.
2 THOMAS M.ALIAS,
AGED 49 YEARS, S/O.ALIAS,MUNDAYIL HOUSE,KOLENCHERY,
NOW WORKING AS UPPER PRIMARY SCHOOL TEACHER,RMHSS
VADAVUKODE, ERNAKULAM-682310.
3 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM-695001.
4 DEPUTY DIRECTOR OF EDUCATION,
ERNAKULAM-682026.
5 DISTRICT EDUCATIONAL OFFICER,
ALUVA-683101.
6 CORPORATE MANAGER,
CHATHOLICATE AND MD SCHOOLS,
CORPORATE MANAGEMENT,DEVALOKAM,
KOTTAYAM-686038.
7 SILVY P.VARUGHESE,
AGED 44 YEARS, W/O.ALEX JOHN,LOWER PRIMARY SCHOOL
ASSISTANT,M.D.L.P.SCHOOL, THAZHATHANGADI,
KOTTAYAM DISTRICT-686005
BY ADV.SRI.ROSHEN D. ALEXANDER
ADV.SRI.V.A.MUHAMMED
SMT.RAJI T. BHASKAR, GOVT. PLEADER
ADV.SRI.M.A.FAYAZ
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19.02.2021
ALONG WITH W.A.NO.523/2020, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 19TH DAY OF FEBRUARY 2021/30TH MAGHA,1942
W.A.No.523 OF 2020
AGAINST THE JUDGMENT DATED 20.12.2019 IN W.P(C).NO.25073/2019(H)
OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
DEEPA MATHEW
AGED 48 YEARS, W/O.ELDHO K JOSEPH, U.P.S.T.RAJARSHI
MEMORIAL (R.M), HIGHER SECONDARY SCHOOL, VADAVUCODE,
ERNAKULAM DISTICT-682310, RESIDING AT KALARIKATHADATHIL
HOUSE, KADAKKANADU.P.O, ERNAKULAM DISTRICT-682311
BY ADV. SRI.BIJU ABRAHAM
RESPONDENTS/RESPONDENTS:
1 THE CORPORATE MANAGER
CATHOLICATE AND MD SCHOOLS, CORPORATE MANAGEMENT,
DEVALOKAM, KOTTAYAM-686038
2 DISTRICT EDUCATIONL OFFICER,
ALUVA-683101
3 THE HEADMASTER,
R.M.HIGHER SECONDARY SCHOOL,VADAVUCODE,
ERNAKULAM-682310
4 THE HEADMISTRESS
M.G.M HIGHER SECONDARY SCHOOL, PUDUPPADY,
KOZHIKODE-673586
5 THE DIRECTOR OF GENERAL OF EDUCATIONL,
THIRUVANANTHAPURAM-695001
6 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001
7 C.SINDHU
AGED 46 YEARS, W/O.KURIAKOSE, KARAKATTU HOUSE,
KANINADU, NOW WORKING AS UPPER PRIMARY SCHOOL TEACHER,
RMHSS VADAVUKODE, ERNAKULAM-682310
8 THOMAS M.ALIAS,
AGED 49 YEARS, S/O.ALIAS, MUNDAYIL HOUSE,
KOLENCHERY, NOW WORKING AS UPPER PRIMARY SCHOOL TEACHER,
RMHSS VADAVUKODE, ERNAKULAM-682310
R1 BY ADV. SRI.ROSHEN D.ALEXANDER (B/O)
R2, R5-6 BY SMT.RAJI T. BHASKAR, GOVERNMENT PLEADER
R7-8 BY ADV.SRI.M.A.FAYAZ (B/O)
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19.02.2021
ALONG WITH W.A.NO.438/2020, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.A.Nos.438 & 523/2020 :: 5 ::
JUDGMENT
Gopinath P., J.
These writ appeals have been filed challenging the common
judgment in W.P.(C).Nos.6898/2019 and 25073/2019.
2. The petitioner in W.P.(C).No.25073/2019 had filed the
writ petition challenging Ext.P8 relieving order following her
transfer from Rajarshi Memorial Higher Secondary School,
Vadavucode [hereinafter referred to as the 'Vadavucode School'] to
MGMHSS, Puthuppady [hereinafter referred to as the 'Puthuppady
School'], which is a School under the very same corporate
management. Thereafter, the writ petition was amended raising a
challenge to the accommodation of respondents 7 and 8 in W.P.
(C).No.25073/2019 to the vacancies at the Vadavucode School.
3. The connected writ petition namely, W.P.
(C).No.6898/2019 was filed by the teachers who are transferred
and posted against the additional vacancies in the Vadavucode
School, to quash Exts.P6, P7 and P10 proceedings of the
educational authorities declining to approve their appointment
W.A.Nos.438 & 523/2020 :: 6 ::
against the additional vacancies in the Vadavucode School and also
seeking payment of salary.
4. It is not disputed before us that pursuant to an interim
order issued by this Court in W.P.(C).No.6898/2019 the teachers
who were transferred and accommodated in Vadavucode School
were permitted to remain there subject to the condition that the
vacancies in the School from which they were transferred shall be
filled by protected teachers. The learned Single Judge disposed
W.P.(C).No.6898/2019 noticing the above facts.
5. The learned Single Judge did not interfere with the
order of transfer of the petitioner in W.P.(C).No.25073/2019 from
the Vadavucode School to the Puthuppady School. However, she
was permitted to make a representation for accommodation in any
nearby School under the same management. The petitioner in
W.P.(C).No.25073/2019 is therefore in appeal against the common
judgment, insofar as this Court did not interfere with the order of
her transfer to the Puthuppady School. The grievance of the
petitioners in W.P.(C).No.6898/2019 stood substantially redressed
by the interim order passed by this Court in that writ petition, and
their only apprehension appears to be that if the petitioner in W.P.
W.A.Nos.438 & 523/2020 :: 7 ::
(C).N.25073/2019 is directed to be accommodated in Vadavucode
School, one among them will have to be shifted out.
Today, when these matters were taken up for consideration,
the learned counsel for the appellant submits that if the
management is willing to accommodate the appellant in a vacancy
which is stated to exist in the M.D. School, Kottayam, these Writ
Appeals can be closed, recording the submission of the manager
that the appellant will be accommodated at the M.D. School,
Kottayam. The learned counsel appearing for the manager submits
that considering the request made by the appellant, she will be
accommodated against the existing vacancy at M.D. School,
Kottayam. This is recorded. The Writ Appeals are closed, as
above, without entering any finding on the merits of the
contentions of the parties.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
GOPINATH P.
JUDGE
prp/20/2/21
