Kerala High Court
Annamma Mathew vs The State Of Kerala Represented By ... on 22 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942
WP(C).No.30232 OF 2011(D)
PETITIONER:
ANNAMMA MATHEW, AGED 42 YEARS,
WIFE OF THOMASKUTTY,
UPPER PRIMARY SCHOOL ASSISTANT,
HOLY FAMILY U.P.SCHOOL, KILIYARKANDAM,,
IDUKKI DISTRICT.
BY ADV. SRI.V.A.MUHAMMED
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY ITS
SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT,THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF PUBLIC INSTRUCTION
JAGATHY, THIRUVANANTHAPURAM-695 014.
3 THE DISTRICT EDUCATIONAL OFFICER
KATTAPPANA, IDUKKI DISTRICT-685 508.
4 THE ASSISTANT EDUCATIONAL OFFICER
KATTAPPANA, IDUKKI DISTRICT-685 508.
5 THE CORPORATE MANAGER
CORPORATE EDUCATIONAL AGENCY,
DIOCESE OF IDUKKI,, BISHOPS HOUSE, KARIMPAN,
P.O.MANIPARA,, IDUKKI DISTRICT-685 602.
BY ADVS.
SRI.V.M.KURIAN
SRI.MATHEW B. KURIAN
SRI.K.T.THOMAS
SRI. P.M.MANOJ - SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 30232/11
2
JUDGMENT
The petitioner has approached this Court
impugning Exts.P5, P6 and P9 to the extent to
which, though she has been granted approval
with effect from 07.06.2004, the benefits have
been limited to be paid to her from 01.02.2006
alone.
2. The petitioner says that these orders,
to the extent impugned, are illegal, since she
is a Rule 51A claimant and therefore, has a
superior right for appointment than a
protected teacher. She says that, however, her
salary has been denied from 07.06.2004 to
01.02.2006 solely for the reason that the
Manager had not appointed a protected teacher,
but that, even going by Ext.P8 letter of the
Director of Public Instructions (subsequently
re-designated as Director of General
Education), she has been found eligible to be
granted all benefits from the date of her
WPC 30232/11
initial appointment, namely with effect from
07.06.2004. she, therefore, prays that the
impugned orders be set aside and the competent
Authorities be directed to grant her salary
and other benefits with effect from
07.06.2004.
3. In response to the submissions of
Sri.M.Sajjad - learned counsel for the
petitioner, as recorded above, Sri.P.M.Manoj -
learned Government Pleader, submitted that the
petitioner was appointed as a UPSA in the Holy
Family U.P.School, Idukki, with effect from
07.06.2004 against a transfer vacancy and that
she is not a protected teacher. He submitted
that she could not have been, therefore,
posted in the school in question on account of
the order of the Government, bearing
GO(P)No.46/2006/G.Edn dated 01.02.2006 and
that she was, therefore, given approval with
effect from 01.02.2006. He thus reiteratingly
WPC 30232/11
submitted that the petitioner's appointment
from 07.06.2004 to 01.02.2006 cannot be
approved and therefore, prayed that this writ
petition be dismissed.
4. Even when I hear the learned Senior
Government Pleader on the afore lines, the
fact remains that the petitioner asserts to be
a Rule 51A claimant and going by Ext.P8, the
DGE has found that she has approved service
from 11.10.1999 to 18.12.1999 and
consequently, that her claim under Rule 51A
Chapter XIVA of the KER makes her eligible for
re-appointment in terms of the Government
Order dated 19.01.2006, as also to the pay and
allowances with effect from 28.06.2002.
Pertinently, he has also recommended in Ext.P8
that the conditions in the Government Order
dated 01.02.2006 need not be insisted in the
case of the petitioner for these reasons.
5. However, I notice that none of these
WPC 30232/11
aspects have been considered by the Government
while Ext.P7 had been issued and therefore,
cannot find the same to be in conformity with
law.
6. I am consequently of the firm view
that the petitioner's claim will have to be
reconsidered by the Government, particularly
taking note of Ext.P8, as also her contention
that she is a Rule 51A claimant, entitled to
be appointed even in preference to a protected
teacher.
In the afore circumstances, I order this
writ petition and set aside Ext.P7; with a
resultant direction to the competent Secretary
of the Government to reconsider the claim of
the petitioner, after affording her as also
the Manager of the School an opportunity of
being heard - either physically or through
video-conferencing - thus culminating in an
appropriate order thereon as expeditiously as
WPC 30232/11
is possible, but not later than four months
from the date of receipt of a copy of this
judgment.
Sd/-
DEVAN RAMACHANDRAN
RR JUDGE
WPC 30232/11
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER
AND THE APPROVAL THEREOF DATED
09/01/2002/10/06/2002.
EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER
AND THE APPROVAL THEREOF DATED 01-
09-2003/01-12-2006.
EXHIBIT P3 TRUE COPY OF THE ORDER NO.
K.DIS/F(4)/36555/06/DPI OF THE 2ND
RESPONDENT DATED 03/08/2006.
EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER
AND APPROVAL THEREOF DATED 07-06-
2004/05-10-2006.
EXHIBIT P5 TRUE COPY OF THE ORDER NO. F4-
32148/07/K.DIS. OF THE 2ND
RESPONDENT DATED 24/04/2008.
EXHIBIT P6 TRUE COPY OF THE ORDER NO.
23471/H3/08/G.EDN OF THE GOVERNMENT
DATED 18/06/2009.
EXHIBIT P7 TRUE COPY OF THE GO(RT)
2438/11/G.EDN. OF THE GOVERNMENT
DATED 28/06/2011.
EXHIBIT P8 TRUE COPY OF THE ORDER NO.
F/20029/087/DPI/F.DIS OF THE
DIRECTOR DATED 24/11/2007.
EXHIBIT P9 TRUE COPY OF THE DECISION REPORTED
IN 1993(2) KLT SNP (27) CASE NO.
(28) DATED 02/08/1993.
EXHIBIT P10 TRUE COPY OF THE DECISION REPORTED
IN 2011(3) KLT 790 DATED 04/08/2011.
EXHIBIT P11 TRUE COPY OF THE JUDGMENT INWPC
NO.21646/2010E DATED 20/08/2011.
WPC 30232/11
EXHIBIT P12 TRUE COPY OF THE JUDGMENT IN WPC
NO.3689/2011-I DATED 03/11/2011.
EXHIBIT P13 TRUE COPY OF THE GO(P)
NO.178/2002/G.EDN.DATED 28/06/2002
OF THE GOVERNMENT.
EXHIBIT P14 TRUE COPY OF THE CIRCULAR
NO.74101/J2/2004/G.EDN. DATED
24/01/2005 OF THE GOVERNMENT.
EXHIBIT P15 TRUE COPY OF THE DECISION REPORTED
IN 2013(2) KHC 103(DB) DATED
19/02/2013.
EXHIBIT P16 TRUE COPY OF THE LETTER NO.
A/4735/2012/L.DIS DATED 10/10/2012
OF THE ASSISTANT EDUCATIONAL OFFICER
OF THE ASSISTANT EDUCATIONAL OFFICER
DATED 10/10/2012.
EXHIBIT P17 TRUE COPY OF THE DECISION REPORTED
IN 2009(3) KLT 863 DATED 29/06/2009.
EXHIBIT P18 TRUE COPY OF THE JUDGMENT IN WA
NO.183/2010 DATED 21/07/2010 OF THIS
HON'BLE COURT.
EXHIBIT P19 TRUE COPY OF THE ORDER IN SLP
NO.36558/2010 DATED 10/01/2011 OF
THE HON'BLE SUPREME COURT OF INDIA.
EXHIBIT P20 TRUE COPY OF THE GO(RT)
NO.2638/2012/G.EDN. DATED 07/06/2012
OF THE GOVERNMENT.
EXHIBIT P21 TRUE COPY OF THE JUDGMENT IN WPC NO.
19619/2008-I DATED 01/03/2013 OF
THIS HON'BLE COURT.
EXHIBIT P22 TRUE COPY OF THE JUDGMENT IN WPC
NO.8851/2009-B DATED 23/03/2011 OF
THIS HON'BLE COURT.
