Kerala High Court
Sreya Sudhakaran vs The State Of Kerala on 8 July, 2021
WP(C) NO. 12410 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
WP(C) NO. 12410 OF 2021
PETITIONERS:
1 SREYA SUDHAKARAN
AGED 29 YEARS, U.P SCHOOL TEACHER,
KANHIRODE SANKARA VILASAM U P SCHOOL,
P.O KANHIRODE 670 592, KANNUR DISTRICT.
2 RADHIKA P.K
U.P SCHOOL TEACHER, KANHIRODE SANKARA VILASAM U P SCHOOL,
P.O KANHIRODE 670 592, KANNUR DISTRICT.
3 PRINEETH P
L.P SCHOOL TEACHER, KANHIRODE SANKARA VILASAM UP SCHOOL,
P.O KANHIRODE 670 592, KANNUR DISTRICT
4 LISHA K.V
L.P SCHOOL TEACHER, KANHIRODE SANKARA VILASAM U P SCHOOL,
P.O KANCHIRODE 670 592, KANNUR DISTRICT.
BY ADV DINESH KUMAR K.
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM 695 001
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM 695 014
3 THE DEPUTY DIRECTOR OF EDUCATION,
CIVIL STATION, KANNUR 670 001
4 THE DISTRICT EDUCATIONAL OFFICER,
CIVIL STATION, KANNUR 670 001
WP(C) NO. 12410 OF 2021
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5 THE ASSISTANT EDUCATIONAL OFFICER,
KANNUR NORTH SUB DISTRICT, KANNUR 670 001
6 THE MANAGER
KANHIRODE SANKARA VILASAM UP SCHOOL,
P.O KANHIRODE 670 592, KANNUR DISTRICT.
7 THE HEADMISTRESS
KANHIRODE SANKARA VILASAM UP SCHOOL,
P.O KANHIRODE 670 592, KANNUR DISTRICT.
8 SMT. RAMYA M P
UPPER PRIMARY SCHOOL TEACHER, KANHIRODE SANKARA VILASAM UP
SCHOOL, P.O KANHIRODE 670 592, KANNUR DISTRICT.
9 SMT. SHYNI K
UPPER PRIMARY SCHOOL TEACHER, KANHIRODE SANKARA VILASAM UP
SCHOOL, P.O KANHIRODE 670 592, KANNUR
10 SMT. RAMYA C K
UPPER PRIMARY SCHOOL TEACHER, KANHIRODE SANKARA VILASAM UP
SCHOOL, P.O KANHIRODE 670 592, KANNUR
SRI.T.RAJASEKHARAN, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12410 OF 2021
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JUDGMENT
This writ petition is filed seeking the following prayers:
"(i) call for the records relating to Exhibit P-14 and P-15 and set
aside the originals of the same by the issue of a writ of certiorari or
other appropriate writ or order.
(ii) issue a writ of mandamus or other appropriate writ, order or
direction commanding the 5th Respondent to approve the
appointment of the Petitioners and grant the attendant benefits
forthwith.
(iii) issue a writ of mandamus or other appropriate writ order or
direction commanding the 1st Respondent to consider and pass
appropriate orders upon Exhibit P-18 and P-19 after affording an
opportunity of being heard to the Petitioners within a time limit."
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
petitioners are teachers working in the 6 th respondent's school. It is
submitted that the manager had submitted Ext.P7 declaration agreeing to set
apart 4 posts additionally sanctioned in the academic year 2018-19 for
appointing protected teachers. It is submitted that the petitioners had been
working against the said posts and that they are aggrieved by the declaration
WP(C) NO. 12410 OF 2021
now submitted by the manager. It is submitted that on the basis of the said
declaration, respondents 8, 9 and 10 have been accorded approval of
appointment also. It is submitted that the petitioners as well as the manager
had approached the Government with Exts.P18 and P19 revision petitions
and seek a consideration of the same.
4. Having heard the learned Government Pleader also, there will be a
direction to the respondents to take up, consider and pass orders on Ext.P18
revision petition preferred by the petitioners, with notice to the petitioners
as well as respondents 6 to 10 and after hearing them, through any
appropriate means, including video conferencing. The provisions of
Government Order dated 06.02.2021, specifically Clause 6 thereof, shall be
adverted to while passing orders as directed above. The petitioners shall
produce a copy of this judgment along with a copy of this writ petition before
the 1st respondent for compliance.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
NP
WP(C) NO. 12410 OF 2021
APPENDIX OF WP(C) 12410/2021
PETITIONER'S/S EXHIBITS:
Exhibit P1 TRUE COPY OF THE STAFF FIXATION ORDER 2018-2019
DATED 02-07-2018 OF THE 5TH RESPONDENT.
Exhibit P2 TRUE COPY OF THE STAFF FIXATION ORDER 2019-2020
DATED 15-07-2019 OF THE 5TH RESPONDENT.
Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER DATED 01-06-
2018 OF THE 1ST PETITIONER.
Exhibit P4 TRUE COPY OF THE APPOINTMENT ORDER DATED 18-06-
2018 OF THE 2ND PETITIONER.
Exhibit P5 TRUE COPY OF THE APPOINTMENT ORDER DATED 27-02-
2019 OF THE 3RD PETITIONER.
Exhibit P6 TRUE COPY OF THE APPOINTMENT ORDER DATED 06-02-
2019 OF THE 4TH PETITIONER.
Exhibit P7 TRUE COPY OF THE DECLARATION DATED 12-10-2020 OF
THE MANAGER.
Exhibit P8 TRUE COPY OF THE ORDER NO. B/5916/2020 DATED 11-
11-2020 OF SMT. REMYA M.P
Exhibit P9 TRUE COPY OF THE ORDER NO. B/5918/2020 DATED 11-
11-2020 OF SMT. SHYNI K
Exhibit P10 TRUE COPY OF THE ORDER NO. B/5917/2020 DATED 11-
11-2020 OF SMT. REMYA C.K
Exhibit P11 TRUE COPY OF THE G.O (P) NO. 04/2021/G.EDN DATED
06-02-2021 OF THE GOVERNMENT
Exhibit P12 TRUE COPY OF THE CIRCULAR NO. J2/87/2020/G.EDN
DATED 25-02-2021 OF THE GOVERNMENT.
Exhibit P13 TRUE COPY OF THE CIRCULAR NO. H2/21/19500/2019
WP(C) NO. 12410 OF 2021
/DGE DATED 26-02-2021 OF THE DGE
Exhibit P14 TRUE COPY OF THE ORDER NO B/7821/2021 DATED 10-
05-2021 OF THE 5TH RESPONDENT
Exhibit P15 TRUE COPY OF THE ORDER NO. B/7417/2021 DATED 10-
06-2021 OF THE 5TH RESPONDENT
Exhibit P16 TRUE COPY OF THE DECLARATION DATED 07-02-2021 OF
THE MANAGER
Exhibit P17 TRUE COPY OF THE DECLARATION DATED 27-02-2021 OF
THE MANAGER
Exhibit P18 TRUE COPY OF THE REVISION PETITION DATED 16-03-
2021 FILED BY THE PETITIONERS BEFORE THE 1ST
RESPONDENT (WITHOUT ANNEXURE)
Exhibit P19 TRUE COPY OF THE REVISION PETITION DATED 12-03-
2021 FILED BEFORE THE 1ST RESPONDENT BY THE
MANAGER (WITHOUT ANNEXURES)
RESPONDENT'S/S EXHIBITS: NIL
