Kerala High Court
Lekha Soman vs State Of Kerala on 11 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942
WA.No.1745 OF 2020
AGAINST THE JUDGMENT DATED 24-09-2020 IN WP(C) 1280/2019(H) OF HIGH COURT OF
KERALA
APPELLANT/PETITIONER:
LEKHA SOMAN
AGED 44 YEARS, W/O HARILAL,
LPSA, CHEMPAKASSERY U P SCHOOL,
BHOOTHAKULAM P O, KOLLAM-691302.
RESIDING AT AMBADI, KOTTAPPURAM, PARAVOOR SOUTH,
KOLLAM PIN-691301.
BY ADVS.
SRI.K.SIJU
SRI.S.ABHILASH
SMT.ANJANA KANNATH
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
2 THE DIRECTOR OF PUBLIC INSTRUCTION
(NOW DIRECTOR GENERAL OF EDUCATION), DIRECTORATE OF PUBLIC
INSTRUCTION, THIRUVANANTHAPURAM-695001.
3 THE DEPUTY DIRECTOR OF EDUCATION
KOLLAM DISTRICT, PIN-691001.
4 THE ASSISTANT EDUCATIONAL OFFICER
CHATHANNUR, KOLLAM, PIN-691572.
5 JOINT MANAGERS OF CHEMPAKASSERY EDUCATIONAL AGENCY
BHOOTHAKULAM, CHITTOOR HOUSE, THIRUMULLAVARAM P O,
KOLLAM, PIN-691012.
OTHER PRESENT:
SRI. A.J. VARGHESE-SR. G.P.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11.01.2021, ALONG WITH
WA.1784/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A. Nos.1745 & 1784/2020 -2-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942
WA.No.1784 OF 2020
AGAINST THE JUDGMENT DATED 24-09-2020 N WP(C) 14145/2019(P) OF HIGH COURT OF
KERALA
APPELLANT/6TH RESPONDENT:
LEKHA SOMAN
AGED 44 YEARS
W/O. HARILAL, L.P.S.A., CHEMPAKASSERY U.P. SCHOOL,
BHOOTHAKULAM P. O., KOLLAM - 691 302, RESIDING AT 'AMBADI',
KOTTAPPURAM, PARAVOOR SOUTH, KOLLAM, PIN - 691 301.
BY ADVS.
SRI.K.SIJU
SRI.S.ABHILASH
SMT.ANJANA KANNATH
RESPONDENTS/PETITIONERS 1 & 2:
1 A. KRISHNAVENI
AGED 53 YEARS
JOINT MANAGER, CHEMPAKASSERY EDUCATIONAL AGENCY
(CHEMPAKASSERY SCHOOLS), BHOOTHAKULAM P. O.,
KOLLAM, PIN - 691 302.
2 A. JAYAGOPAL
AGED 13 YEARS
JOINT MANAGER, CHEMPAKASSERY EDUCATIONAL AGENCY
(CHEMPAKASSERY SCHOOLS), BHOOTHAKULAM P. O.,
KOLLAM, PIN - 691 302.
3 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
4 THE DIRECTOR OF PUBLIC INSTRUCTIONS
DIRECTORATE OF PUBLIC INSTRUCTIONS, JAGATHY,
THIRUVANANTHAPURAM - 695 014.
5 THE DEPUTY DIRECTOR OF EDUCATION
THEVALLY P. O., KOLLAM DISTRICT, PIN - 691 009.
W.A. Nos.1745 & 1784/2020 -3-
6 THE DISTRICT EDUCATIONAL OFFICER
KOLLAM DISTRICT, PIN - 691 001.
7 THE ASSISTANT EDUCATIONAL OFFICER
CHATHANNUR, KOLLAM DISTRICT, PIN - 691 572.
BY SRI. A.J. VARGHEESE, SR. G.P.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11.01.2021, ALONG WITH
WA.1745/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A. Nos.1745 & 1784/2020 -4-
JUDGMENT
DATED THIS THE 11th DAY OF JANUARY, 2021
Shaffique, J:
The petitioner in W.P (C) No.1280/2019 has come up with
these appeals challenging common judgment dated 24-09-2020
in W.P (C) No.1280/2019 & W.P (C) No.14145/2019. W.P (C)
No.1280/2019 has been filed by the petitioner/appellant seeking
notional appointment with effect from 01-06-2009. Her case is
that she was appointed in the school managed by the Joint
Managers of Chempakassery Educational Agency from 11-12-
2000 to 11-02-2001 in a leave vacancy. Her appointment was
approved by the competent authority. She claimed benefit of
Rule 51A of Chapter XIV-A of K.E.R. Vacancy arose in the school
on 01-06-2009. Instead of appointing the petitioner, yet another
person was appointed by the Joint Managers. The educational
authorities had directed the petitioner to be appointed in the
said vacancy. Though orders were passed in that regard, the
appellant was not appointed and finally she approached this
court by filing W.P (C) No.1280/2019. W.P (C) No.14145/2019
has been filed by the Joint Managers challenging Exts.P9, P13 &
P14 orders passed against them by which proceedings were
initiated against them under Rule 7A of Chapter III of K.E.R.
The petitioner was the 6th respondent in the said case. The
learned Single Judge allowed the said writ petition setting aside
Exts.P9, P13 & P14.
2. In W.P (C) No.1280/2019, the learned Single Judge
came to a finding that there is delay and laches on the part of
the petitioner in approaching this court. In fact she was given
appointment on 30-07-2011 taking into consideration of the fact
that she is a Rule 51A claimant. As already stated, her claim is
that she is entitled for appointment atleast notionally from 01-
06-2009. Contention urged by the learned counsel for the
appellant is that the petitioner had approached the competent
authorities for notional appointment from 01-06-2009 and finally
the Government rejected her claim only by order dated 21-11-
2018.
3. But it is relevant to note that she was appointed with
effect from 30-07-2011 and thereafter though she had
approached the educational authorities, her claim is stated to be
rejected much earlier. If she had a genuine interest in
prosecuting the matter, she could have approached this court
much earlier. It seems that a representation was given to the
Government even during 2013 and a final representation was
given only subsequently. Therefore there is justification on the
part of the learned Single Judge to have taken note of the fact
that there is delay and laches on the part of the appellant in
prosecuting the matter. Appellant does not intend to challenge
the judgment in the connected case, and a separate appeal is
filed only on account of the fact that it is common judgment. Writ
appeals are therefore dismissed.
(Sd/-)
A.M. SHAFFIQUE, JUDGE.
(Sd/-)
GOPINATH P., JUDGE.
AMG
