Kerala High Court
Devasia Antony vs The State Of Kerala on 15 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
WP(C) NO. 25723 OF 2012
PETITIONERS:
1 DEVASIA ANTONY, AGED 33 YEARS, SON OF P.D.ANTONY,
UPPER PRIMARY SCHOOL ASSISTANT, C.R.HIGH CHOOL,
VALIATHOVALA,IDUKKI DISTRICT.
2 SHEENA ANTONY, UPPER PRIMARY SCHOOL ASSISTANT
KOCHARA A.K.M.UPPER PRIMARY SCHOOL, KATTAPPANA,
IDUKKI DISTRICT.
BY ADVS.
SRI.K.E.HAMZA
SRI.V.RAJASEKHARAN NAIR
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY
TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT,
SECRETARIAT,THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY
THIRUVANANTHAPURAM - 695 014.
3 THE SECRETARY, PAREEKSHA BHAVAN, POOJAPPURA
THIRUVANANTHAPURAM - 695 012.
4 THE ASSISTANT EDUCATIONAL OFFICER, KATTAPPANA
IDUKKI DISTRICT - 685 508.
5 THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY,
DIOCESE OF KANJIRAPPALLY PASTORAL CENTRE,
KANJIRAPPALLY, KOTTAYAM DISTRICT - 686 507.
6 THE NATIONAL COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING
(NCERT), NEW DELHI - 1, REPRESENTED BY ITS DIRECTOR.
WPC 25723/12
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7 THE STATE COUNCIL OF EDUCATIONAL RESEARCH AND
TRAINING (SCERT) VIDYA BHAVAN, POOJAPPURA,
THIRUVANANTHAPURAM, 695 012 REPRESENTED BY ITS
DIRECTOR.
SRI. P.M.MANOJ - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
Even though there are various allegations,
averments and assertions in this writ petition,
when this matter was called today, the learned
counsel for the petitioner - Smt.P.A.Jenzia,
brought to my notice that grievances of the
petitioners have already been impelled before the
Government of Kerala, through Exts.P8 and P9
Revisions, preferred under Rule 92 Chapter XIVA of
the Kerala Education Rules (KER for short). She,
therefore, prayed that, if this Court is so
inclined, Government be directed to dispose of
Exts.P8 and P9, within a time frame to be fixed.
2. I notice from the files that the specific
contention of the petitioners is that, since they
were appointed through Exts.P2 and P3 in the year
2012, even before Ext.P6 circular had been brought
into effect by the Government, they were fully
qualified under Rule 51 Chapter XXXI of the KER.
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They assert that in the absence of any amendment
to the said Rule, Government cannot add a new
qualification, namely K.TET, through Ext.P6
circular and they rely on various judgments in
support, including Devaki v. State of Kerala
(WP(C)No.5627/1991), Sindhu v. Kerala Public
Service Commission [2001(2)KLT 507 (DB)], Manager,
M.P.V.H.S. School v. Girija [2003(1)KLT 935(FB)],
Jesilet v. State of Kerala [1987(2)KLT 984(DB)]
and Philip Thomas v. Secretary to Government
[2005(3) KLT 299].
3. In reply - Sri.P.M.Manoj, the learned
Senior Government Pleader, submitted that if the
petitioners only require Exts.P8 and P9 to be
taken up and disposed of by the Government, there
does not appear to be any legal impediment, if
they are still pending; but prayed that this Court
may not make any affirmative declarations on the
entitlement of the petitioners to any relief and
leave it to the competent Authority to take an
WPC 25723/12
appropriate decision thereon as per law.
Taking note of the afore submissions and
since it will not be justified or proper for this
Court to consider the contentions of the
petitioners on its merits when Statutory Revisions
are still pending before the Government, I deem it
appropriate that this Writ Petition be ordered,
directing the competent Authority to take up the
same and dispose it of, as per law.
Resultantly, this writ petition is ordered,
with a direction to the competent Authority of the
Government to take up Exts.P8 and P9 revisions of
the petitioners and dispose it of, after affording
them an opportunity of being heard - either
physically or through video conferencing - as
expeditiously as is possible, but not later than
three months from the date of receipt of a copy of
this judgment. Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 25723/12
APPENDIX OF WP(C) 25723/2012
PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER NO. ACD A5-
21455/HSE/2004 OF THE DIRECTOR DATED
02/03/2005.
Exhibit P2 TRUE COPY OF THE MEMO OF THE MANAGER
DATED 30/05/2012 (1ST PETITIONER)
Exhibit P3 TRUE COPY OF THE MEMO OF THE MANAGER
DATED 05/05/2012 (2ND PETITIONER)
Exhibit P4 TRUE COPY OF THE ORDER NO.
C/2487/12/K.DIS. DATED 19/06/2012 OF
THE 4TH RESPONDENT.
Exhibit P5 TRUE COPY OF THE GO(P) NO.
199/2011/G.EDN. DATED 01/10/2011 OF THE
GOVERNMENT.
Exhibit P6 TRUE COPY OF THE CIRCULAR NO.
31904/J2/12/G.EDN. DATED 06/06/2012 OF
THE GOVERNMENT.
Exhibit P7 TRUE COPY OF THE GO(P) NO.244/12/G.EDN.
DATED 25/07/2012 OF THE GOVERNMENT.
Exhibit P8 TRUE COPY OF THE REPRESENTATION
SUBMITTED BEFORE THE GOVERNMENT (1ST
PETITIONER) DATED 20/08/2012.
Exhibit P9 TRUE COPY OF THE REPRESENTATION
SUBMITTED BEFORE THE GOVERNMENT (2ND
PETITIONER) DATED 20/08/2012.
