Deepa Varghese vs State Of Kerala
2021 Latest Caselaw 6440 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942

                       WP(C).No.4721 OF 2021(M)


PETITIONERS:

      1        DEEPA VARGHESE,
               AGED 47 YEARS
               W/O. JOY V.P,H.S.A, MAR AUGEN HIGH SCHOOL, KODANADU,
               (VIA) PERUMBAVOOR, ERNAKULAM DISTRICT.

      2        JAINY PAUL,
               AGED 38 YEARS
               W/O. ARUN ISSAC, UPSA, MAR AUGEN HIGH SCHOOL,
               KODANADU, (VIA) PERUMBAVOOR, ERNAKULAM DISTRICT.

               BY ADV. SHRI.JOBY D JOSEPH

RESPONDENTS:

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

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

      3        DEPUTY DIRECTOR OF EDUCATION,
               ERNAKULAM-682 030

      4        DISTRICT EDUCATIONAL OFFICER,
               KOTHAMANGALAM-686 691

      5        MANAGER,
               MAR AUGEN HIGH SCHOOL, KODANADU, (VIA) PERUMBAVOOR,
               ERNAKULAM DISTRICT-683 544


OTHER PRESENT:

               SR GP NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4721 OF 2021(M)

                                   2

                            JUDGMENT

Dated this the 23rd day of February 2021

The petitioners have approached this Court seeking the

following reliefs:-

"(i) to issue a writ of Certiorari; or any other appropriate writ, order or direction, to quash Exhibits P1, P3 and P4 orders issued by the respondents.

(ii) to issue a writ of mandamus; or any other appropriate writ, order or direction, directing the respondents to approve the appointment of the 1st petitioner from 05.06.2006 to 31.05.2007 and also grant vacation salary for the months of April and May 2009.

iii) to issue a writ of mandamus; or any other appropriate writ, order or direction, directing the respondents to approve the appointment of the second petitioner as UPSA, from 01.06.2007 to 31.05.2008 and also sanction vacation salary for the months of April and May 2009.

(iv) to issue a writ of mandamus; or any other appropriate writ, order or direction, directing the 1 st respondent to consider Exhibit P7 and P8 revision petitions filed by the petitioners."

2. Heard the learned counsel for the petitioners and

the learned Government Pleader.

3. It is submitted by the learned counsel for the

petitioners that the 1st petitioner was appointed as H.S.A in WP(C).No.4721 OF 2021(M)

the 5th respondent School in an additional division vacancy

by promotion on 05.06.2006. The said appointment was

approved only from 31.05.2007. The 2nd petitioner was

appointed in the promotion vacancy of the 1 st petitioner

from 01.06.2007. However, her appointment has been

approved only from 02.06.2008. The petitioners have

preferred Exts.P7 and P8 revision petitions before the

Government seeking approval of their appointment with

effect from the initial dates of appointment.

4. The learned Government Pleader submits that the

revision petitions can be considered together by the

Government with notice to the petitioners as well as the

Manager also.

5. Having regard to the fact that the 1 st petitioner

was appointed as H.S.A to an additional division vacancy

w.e.f 05.06.2006, the Manager shall be deemed to have

submitted the bond in terms of G.O.(P) No.10/2010

G.Edn.dated 12.01.2010 and the question of approval of

appointment of the 1st petitioner in the additional division WP(C).No.4721 OF 2021(M)

vacancy shall be considered by the Government. In the

resultant vacancy, the 2nd petitioner's appointment as UPSA

from 01.06.2007 onwards is also liable to be considered.

6. There will, accordingly, be a direction to the 1 st

respondent to take up, consider and pass orders on Exts.P7

and P8 revision petitions preferred by the petitioners with

notice to the petitioners as well as the Manager and after

hearing them through any appropriate means including

video conferencing within a period of three months from the

date of receipt of a copy of this judgment. In case any order

favorable to the petitioners are rendered by the

Government, appropriate steps for releasing the monetary

benefits shall also be taken within a period of three months

thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Bng/23.02.2021 WP(C).No.4721 OF 2021(M)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, KOTHAMANGALAM WITH RESPECT TO THE 1ST PETITIONER DATED 23.2.2007.

EXHIBIT P2 TRUE COPY OF THE ORDER PASSED BY THE DIRECTOR OF PUBLIC INSTRUCTION , THIRUVANANTHAPURAM, DATED 18.2.2011.

EXHIBIT P3 TRUE COPY OF THE ORDER PASSED BY THE DISTRICT EDUCATIONAL OFFICER DATED 23.2.2008.

EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF THE DEPUTY DIRECTOR OF EDUCATION DATED 13.8.2008.

EXHIBIT P5 TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 2.6.2008.

EXHIBIT P6 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE 2ND PETITIONER BY THE MANAGER DATED 1.6.2009.

EXHIBIT P7 TRUE COPY OF THE REVISION PETITION FILED BY THE 1ST PETITIONER DATED 12.2.2021.

EXHIBIT P8 TRUE COPY OF THE COPY OF THE REVISION FILED BY THE 2ND PETITIONER DATED 12.2.2021.