Kerala High Court
A.Sari Antony vs The State Of Kerala on 25 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942
WP(C).No.40745 OF 2018(P)
PETITIONER:
A.SARI ANTONY
AGED 39 YEARS
WIFE OF JOSEPH JOHN, UPPER PRIMARY SCHOOL ASSISTANT,
C.M.UPPER PRIMARY SCHOOL, THOZHIYOOR, CHAVAKKAD
EDUCATIONAL SUB DISTRICT, THRISSUR DISTRICT.
BY ADVS.
SRI.V.A.MUHAMMED
SRI.M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II,
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF PUBLIC INSTRUCTION,
JAGATHY, THIRUVANANTHAPURAM-695014.
3 THE ASSISTANT EDUCATIONAL OFFICER,
CHAVAKKAD, THRISSUR DISTRICT-680506.
4 THE CORPORATE MANAGER,
MALABAR INDEPENDENT SYRIAN CHURCH EDUCATIONAL
SOCIETY, THOZHIYUR-680520, THRISSUR DISTRICT.
5 THE HEADMISTRESS,
C.M.UPPER PRIMARY SCHOOL, THOZHIYOOR, CHAVAKKAD,
THRISSUR DISTRICT-680520.
R1-3 BY GOVERNMENT PLEADER
SRI. SUNIL KUMAR KURIAKOSE (GP)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2021, ALONG WITH WP(C).1762/2019(U), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C)Nos.40745/2018 & 1762/2019
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942
WP(C).No.1762 OF 2019(U)
PETITIONER:
A.SARI ANTONY
AGED 39 YEARS
WIFE OF JOSEPH JOHN, UPPER PRIMARY SCHOOL
ASSISTANT, C.M. UPPER PRIMARY SCHOOL, THOZHIYOOR,
CHAVAKKAD EDUCATIONAL SUB DISTRICT, THRISSUR
DISTRICT.
BY ADV. SRI.V.A.MUHAMMED
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-
II, THIRUVANANTHAPURAM-695 001
2 THE DIRECTOR OF PUBLIC INSTRUCTION
JAGATHY, THIRUVANANTHAPURAM-695 014
3 THE ASSISTANT EDUCATIONAL OFFICER
CHAVAKKAD, THRISSUR DISTRICT-680 506
4 THE CORPORATE MANAGER
MALABAR INDEPENDENT SYRIAN CHURCH EDUCATIONAL
SOCIETY, THOZHIYUR-680 520, THRISSUR DISTRICT.
5 THE HEADMISTRESS
C.M. UPPER PRIMARY SCHOOL, THOZHIYOOR, CHAVAKKAD,
THRISSUR DISTRICT-680 520
R1-3 BY GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2021, ALONG WITH WP(C).40745/2018(P), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C)Nos.40745/2018 & 1762/2019
3
JUDGMENT
The petitioner, who is stated to be
working as an Upper Primary School Teacher in
the services of C.M.Upper Primary School,
Thozhiyoor, Thrissur - of which the 4th
respondent is the Corporate Manager - has
filed both these writ petitions seeking
corollary reliefs and I, therefore, dispose
of the same together.
2. As per the petitioner, she was a
Rule 51A claimant under the Kerala Education
Rules (KER for short) and was granted
reappointment on 01/06/2007, as is evident
from Ext.P4 order in both these cases. She
says that though her appointment was directed
to be approved, through Ext.P5 judgment, by
this Court - which was confirmed by Ext.P5(a)
judgment of a learned Division Bench - she
was granted such benefit only with effect
from 01/06/2011, by including her in the
'Teachers Package'.
WP(C)Nos.40745/2018 & 1762/2019
3. The petitioner asserts that as long
as Exts.P5 and P5(a) judgments are in force,
she is entitled to get salary from 01/06/2007
and not from 01/06/2011; and asserts that
Government has virtually undone her right
accrued from the year 2005, by issuing Ext.P9
order in W.P(C)N.1762 of 2019.
4. The petitioner contends that Ext.P9
order is illegal, since she was appointed
from 28/10/2005 against a regular post, which
was approved through the Government Order
produced as Ext.P1 in W.P(C)No.1762 of 2019.
5. The petitioner further says that as
per Exts.P5 and P5(a) judgments, her
approval had been directed to be granted with
effect from 01/06/2007, but that she has been
given such benefit only from 01/06/2011; and
therefore, prays that both these writ
petitions be allowed and the Government be
directed to approve her appointment with
effect from 01/06/2007, thus leading to the
WP(C)Nos.40745/2018 & 1762/2019
grant of pay and allowances from that date.
6. The petitioner substantiates her
plea relying on Ext.P8(a) judgment, produced
along with W.P(C)N.40745 of 2018, whereby,
another learned Judge of this Court had
directed the Government to consider her
statutory revision for these benefits; and
asserts that in spite of this, it has been
rejected through Ext.P9 order in
W.P(C)No.1762 of 2019.
7. I have heard Shri.M.Sajjad, learned
counsel appearing for the petitioner and the
learned Government Pleader, Shri.Sunil Kumar
Kuriakose, appearing for the official
respondents.
8. The learned Government Pleader
submits that Ext.P9 in W.P(C)No.1762 of 2019
cannot be faulted, since Government has
considered all the relevant aspects and have
found that the petitioner is not entitled to
be approved with effect from 01/06/2007 but
WP(C)Nos.40745/2018 & 1762/2019
only from 01/06/2011, by including her in the
'Teachers Package'. He, therefore, prays that
these writ petitions be dismissed.
9. When I consider the afore
submissions, it is indubitable that Exts.P5
and P5(a) judgments have now become final;
and obviously, therefore, Government was
bound to consider its impact before Ext.P9
order in W.P(C)No.1762 of 2019 could have
been issued.
10. However, even on a close reading of
the said order, it does not show that any
such consideration has been properly made and
the petitioner's approval has been rejected
with effect from 01/06/2007, saying that she
is entitled only to be approved with effect
from 01/06/2011, by including her in the
'Teachers Package'.
11. Though there are several reasons
this Court can point out why Ext.P9 cannot be
approved, I propose not to record them in
WP(C)Nos.40745/2018 & 1762/2019
this judgment, so that Government can
reconsider the matter, taking specific note
of the directions in Exts.P5 and P5(a)
judgments, since specific declarations have
already been made therein in favour of the
petitioner that she is entitled for approval
based on Ext.P2 order of appointment produced
therein.
12. Suffice to say, since the petitioner
claims to be Rule 51A claimant under the KER,
on account of an earlier approved service in
the School Ext.P9 cannot find my favour and
it is clear that these aspects have not been
properly considered therein.
In the afore circumstances, I order these
writ petitions and set aside Ext.P9 in
W.P(C)No.1762 of 2019 and direct the
Government to reconsider the claim of the
petitioner specifically in terms of the
directions in Exts.P5 and P5(a)judgments of
this Court and after affording an opportunity
WP(C)Nos.40745/2018 & 1762/2019
of being heard to her, as well as the Manager
of the School - either physically or through
video conferencing - thus culminating in an
appropriate order thereon, as expeditiously
as is possible, but not later than three
months from the date of receipt of a copy of
this judgment.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/29.1.2021
WP(C)Nos.40745/2018 & 1762/2019
APPENDIX OF WP(C) 40745/2018
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED
28.10.2005 AND APPROVAL THEREOF.
EXHIBIT P2 TRUE COPY OF THE G.O.(RT.)NO.709/09/GE
DATED 12.2.2009 OF THE GOVERNMENT.
EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 14.7.2006 AND APPROVAL
THEREOF.
EXHIBIT P3A TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 13.9.2006 AND APPROVAL
THEREOF.
EXHIBIT P3B TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 9.2.2007 AND APPROVAL
THEREOF.
EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 1.7.2007 AND APPROVAL
THEREOF.
EXHIBIT P4A TRUE COPY OF THE G.O.
(RT.)NO.5596/2011/G.EDN. DATED 15.12.2011
OF THE GOVERNMENT.
EXHIBIT P4B TRUE COPY OF THE ORDER NO.B1-868/12/K.DIS.
DATED 23.3.2012 OF THE 4TH RESPONDENT.
EXHIBIT P4C TRUE COPY OF THE LETTER
NO.H2/14582/2012/DPI DATED 3.10.2012 OF THE
2ND RESPONDENT.
EXHIBIT P4D TRUE COPY OF THE LETTER NO.F-01/2007-08
DATED 1.6.2007 OF THE MANAGER.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN
WPC.NO.24758/2010-T DATED 8.2.2012.
EXHIBIT P5A TRUE COPY OF THE JUDGMENT IN
W.A.NO.783/2014 DATED 4.11.2014.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN
WPC.NO.22917/2012-L DATED 20.11.2012.
EXHIBIT P7 TRUE COPY OF THE ORDER
WP(C)Nos.40745/2018 & 1762/2019
NO.EC5/1337/2013/DPI/K.DIS. DATED 20.3.2013
OF THE 2ND RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER IN
WPC.NO.8594/2013-Y DATED 1.4.2013.
EXHIBIT P8A TRUE COPY OF THE JUDGMENT IN
WPC.NO.8594/2013DATED 9.2.2018.
EXHIBIT P9 TRUE COPY OF THE LETTER NO.GEDN-
B3/125/2018-G.EDN. DATED 13.6.2018 OF THE
GOVERNMENT.
EXHIBIT P10 TRUE COPY OF THE G.O.
(RT.)NO.4536/2018/G.EDN. DATED 1.11.2018 OF
THE GOVERNMENT.
WP(C)Nos.40745/2018 & 1762/2019
APPENDIX OF WP(C) 1762/2019
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED
28.10.2005 AND APPROVAL THEREOF.
EXHIBIT P2 TRUE COPY OF THE G.O (RT) NO. 709/09/GE
DATED 12.2.2009 OF THE GOVERNMENT.
EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 14.07.2006 AND APPROVAL
THEREOF.
EXHIBIT P3A TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 13.09.2006 AND APPROVAL
THEREON.
EXHIBIT P3B TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 09.02.2007 AND APPROVAL
THEREON.
EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 01.07.2007 AND APPROVAL
THEREON.
EXHIBIT P4A TRUE COPY OF THE G.O (RT) NO.
5596/2011/G.EDN. DATED 15.12.2011 OF THE
GOVERNMENT.
EXHIBIT P4B TRUE COPY OF THE ORDER NO. B1-868/12/K.DIS
DATED 23.3.2012 OF THE 4TH RESPONDENT.
EXHIBIT P4C TRUE COPY OF THE LETTER NO.
H2/14582/2012/DPI DATED 03.10.2012 OF THE
2ND RESPONDENT.
EXHIBIT P4D TRUE COPY OF THE LETTER NO. F-01/2007-08
DATED 01.06.2007 OF THE MANAGER.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.
24758/2010-T DATED 8.2.2012
EXHIBIT P5A TRUE COPY OF THE JUDGMENT IN W.A. NO.
783/2014 DATED 04.11.2014
EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.
22917/2012-L DATED 20.11.2012
EXHIBIT P7 TRUE COPY OF THE ORDER NO.
WP(C)Nos.40745/2018 & 1762/2019
EC5/1337/2013/DPI/K.DIS. DATED 20.3.2013 OF
THE 2ND RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER IN W.P.(C)
NO. 8594/2013-Y DATED 01.04.2013
EXHIBIT P8A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.
8594/2013 DATED 09.02.2018
EXHIBIT P9 TRUE COPY OF THE G.O(RT) NO. 36/2019/G.EDN.
DATED 04.01.2019 OF THE GOVERNMENT.
