Anisha Leela Thomas vs State Of Kerala
2021 Latest Caselaw 14006 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                        WP(C) NO. 4968 OF 2021
PETITIONER:

          ANISHA LEELA THOMAS
          AGED 1 YEARS
          W/O ZACHARIAH PHILIP, KANIAMPUZHA HOUSE,
          THOTTAPPUZHASSERY, MARAMON P.O.PATHANAMTHITTA-689
          549, (HIGH SCHOOL ASSISTANT (ENGLISH), ST. JOHN'S
          HIGHER SECONDARY SCHOOL, ERAVIPEROOR-689 542)

          BY ADV S.SUBHASH CHAND



RESPONDENTS:

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

    2     THE DIRECTOR OF GENERAL EDUCATION
          (FORMERLY DIRECTOR OF PUBLIC INSTRUCTION), OFFICE OF
          THE DIRECTOR OF GENERAL EDUCATION, JAGATHY,
          THIRUVANANTHAPURAM-695 014.

    3     THE DEPUTY DIRECTOR OF EDUCATION,
          OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
          PATHANAMTHITTA, THIRUVALLA-689 101.

    4     THE DISTRICT EDUCATIONAL OFFICER,
          OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
          THIRUVALLA-689 101.

    5     THE MANAGER,
          ST.JOHN'S HIGHER SECONDARY SCHOOL, ERAVIPEROOR
          P.O.THIRUVALLA-689 542.

    6     ALICE K YESUDASAN,
          D/O REV. K.L.YESUDASAN, KALAVANKAL PUTHENVEEDU,
          KOLLAKA, P.O.KARUNAGAPPALLY-695 036.
 WP(C) NO. 4968 OF 2021            2

            SRI.P.M.MANOJ - SR.GP




     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   07.07.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 4968 OF 2021                  3

                                JUDGMENT

The petitioner, who is working as a High

School Teacher in English in "St.John's Higher

Secondary School", Eraviperoor, has approached

this Court through this writ petition apprehending

that she would be retrenched from her present post

in order to accommodate the 6th respondent, who has

been on leave without allowances.

2. It is the specific case of the petitioner

that she had been appointed as a High School

Teacher with effect from 21/07/2003, which is

evident from Ext.P1; and that she is fully

qualified for such appointment in terms of Rule

2(x), Chapter XXXI of the Kerala Education Rules

(KER for short). She alleges that, on the

contrary, the 6th respondent is not so qualified to

be a High School Teacher in English and that her

previous service was only as a High School Teacher

in Social Science, which is manifest from Exts.P6

and P6(a) appointment orders. She adds that the 6th

respondent, thereafter, took leave without

allowances for a long period of time from 2016 and

that she is attempting to join back the School,

after cancellation of her unavailed portion of the

leave, which she apprehends, will lead to her

being retrenched, so as to accommodate the former.

3. The petitioner, therefore, prays that the

official respondents be directed not to retrench

her from the post of High School Teacher in

English and that 6th respondent be accommodated to

a suitable post of High School Teacher, either in

English or in Social Science, as the case may be.

4. I have heard Shri.Subhash Chand.S.,

learned counsel appearing for the petitioner and

the learned Senior Government Pleader,

Shri.P.M.Manoj appearing for the official

respondents.

5. When this matter was called today,

Shri.Subhash Chand submitted that, pending this

lis, a vacancy of High School Teacher in Social

Science arose in the School with effect from

01/06/2020 and that the Manager has, therefore,

issued an order accommodating the 6th respondent

into the said post with effect from 27/02/2021. He

submitted that, consequently, as matters now

stand, both his client and the 6th respondent are

sufficiently accommodated in the School and thus

prayed that respondents be directed not to alter

such status.

6. Shri.P.M.Manoj, learned Senior Government

Pleader appearing for the official respondents,

submitted that issues in this case are to be

really answered by the Manager of the School and

that the educational Authorities do not have any

role to play until proposals are submitted by him

appropriately. He, however, added that if the

Manager makes a proposal appointing the 6th

respondent to an available vacancy of High School

Teacher in Social Science, thus continuing the

services of the petitioner as a High School

Teacher in English without break, same can be

considered by the competent Authorities in terms

of law.

7. I see that even though notices from this

Court had been validly served on respondents 5 and

6, they have chosen not to be present in person or

to be represented through counsel, thus

inferentially guiding me to the impression that

they have no objection to the afore submissions or

reliefs made and sought for on behalf of the

petitioner.

In the afore circumstances, I order this writ

petition and direct that if the 6th respondent has

already been accommodated to an available vacancy

of High School Teacher in Social Science, then the

petitioner will not be retrenched or disturbed

from her present position of High School Teacher

in English; and that the competent Educational

Authorities will consider the appropriate

proposals to be made by the Manager of the School

for such purpose.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/13.7

APPENDIX OF WP(C) 4968/2021

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE APPROVED APPOINTMENT ORDER DATED 21.7.2003 ISSUED BY THE RESPONDENT NO 5 AND APPROVED BY THE RESPONDENT NO 4

EXHIBIT P2 TRUE COPY OF THE B.A (ENGLISH) DEGREE CERTIFICATE DATED 28.12.1989 ISSUED BY THE UNIVERSITY OF KERALA, PERTAINING TO THE QUALIFICATION OF THE PETITIONER

EXHIBIT P3 TRUE COPY OF THE M.A (ENGLISH) DEGREE CERTIFICATE DATED 3.12.1991 ISSUED BY THE MAHATMA GANDHI UNIVERSITY PERTAINING TO THE QUALIFICATION OF THE PETITIONER

EXHIBIT P4 TRUE COPY OF THE B.ED (ENGLISH) DEGREE CERTIFICATE DATED 10.5.2000 ISSUED BY THE MAHATMA GANDHI UNIVERSITY PERTAINING TO THE QUALIFICATION OF THE PETITIONER

EXHIBIT P5 TRUE COPY OF THE APPROVED APPOINTMENT ORDER DATED 1.6.1989 AS AN UPPER PRIMARY SCHOOL ASSISTANT FOR THE PERIOD FROM 1.6.1989 TO 7.3.1994 ISSUED TO SMT.ALICE K. YESUDASAN.

EXHIBIT P6 TRUE COPY OF THE APPROVED APPOINTMENT ORDER DATED 2.6.1994 ISSUED BY THE RESPONDENT NO 5 AND APPROVED BY THE RESPONDENT NO 4

EXHIBIT P6 (A) TRUE COPY OF THE APPROVED APPOINTMENT ORDER DATED 2.6.1994 ISSUED BY THE RESPONDENT NO 5 TO SMT.ALICE K.YESUDASAN.

EXHIBIT P7 TRUE COPY OF THE ORDER BEARING NO B2-

3749/11 DATED 19.6.2012 ISSUED BY THE RESPONDENT NO 4

EXHIBIT P8 TRUE COPY OF THE ORDER BEARING NO B1-

10454/2011 DATED 25.6.2016 ISSUED BY

THE RESPONDENT NO 3

EXHIBIT P9 TRUE COPY OF THE ORDER BEARING NO ET3/2667/20202/DGE/K.DIS DATED 29.2.2020

EXHIBIT P10 TRUE COPY OF THE REQUEST DATED 2.5.2020 SUBMITTED BY RESPONDENT NO 6 BEFORE RESPONDENT NO 5

EXHIBIT P11 TRUE COPY OF THE RULING OF THE HONOURABLE APEX COURT REPORTED AS DEEPA AUGUSTINE VS GEETHA ALEX (2008 KHC 4846)

EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED 20.2.2021 THUS SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO 3.4.AND