Alfa Mary K. A vs State Of Kerala
2021 Latest Caselaw 14918 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                        WP(C) NO. 14138 OF 2021
PETITIONER:

          ALFA MARY K. A.
          AGED 40 YEARS
          D/O. ANTONY K.V.,
          KOOTTUNGAL HOUSE, VADUTHALA, KOCHI 682 023,
          WORKING AS H.S.T. (MALAYALAM), C.C. P.L.M. A. I.H.S.
          SCHOOL, PERUMANOOR P.O. THEVARA 682 015.

          BY ADV V.VIJULAL



RESPONDENTS:

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

    2     THE DIRECTR OF GENERAL EDUCATION,
          OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY,
          THIRUVANANTHAPURAM 695 014.

    3     THE DEPUTY DIRECTOR OF EDUCATION,
          OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
          ERNAKULAM, KAKKANAD, 682 030.

    4     DISTRICT EDUCATIONAL OFFICER,
          OFFICE OF TH DISTRICT EDUCATIONAL OFFICER
          ERNAKULAM 682 011.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14138 OF 2021

                                     2




                                 JUDGMENT

This writ petition is filed seeking the following reliefs:

(1) To issue a writ of mandamus or any other appropriate writ, order or direction to the 4th respondent to approve the appointment of the petitioner as H.S.A (Malayalam) at C.C.P.L.M.A.I.H.S.S Perumanoor with effect from 29.08.2018 in the scale of pay and to disburse all arrears of salary and other allowances due to her within such time fixed by this Hon'ble Court.

(2) To issue a writ of certiorari or any other appropriate writ, order or direction calling upon the records pertaining to Exhibit P6 and quash the same.

(3) To issue a writ of mandamus or any other appropriate writ, order or direction to the 2nd respondent to consider and pass orders on Exhibit P10 appeal within such time fixed by this Hon'ble Court.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted that the petitioner along with 11 other teachers

had been appointed in C.C.P.L.M.A.I.H.S.S Perumanoor. It is submitted

that the petitioner was appointed on 29.08.2018 against a retirement

vacancy. On the ground that there was a management dispute, the

petitioner's appointment was not approved. The petitioner along with

11 other teachers approached this Court and Ext.P5 judgment had been

rendered directing consideration of her claim for approval de hors the WP(C) NO. 14138 OF 2021

management dispute. It is submitted that Ext.P6 order was passed by

the DEO rejecting approval to the petitioner's appointment on the

ground that the vacancy ought to have been filled up by appointing a

protected teacher. The petitioner has produced Ext.P7 and Exts.P7(a)

and P7(b) to show that several protected teachers have already been

appointed in the school and that as such, the contentions are

untenable. The petitioner has also approached the 2 nd respondent with

Ext.P10 and seeks a consideration of the same.

Having heard the learned Government Pleader also and in view of

the fact that the Deputy Director of Education is presently functioning

as the Manager of the school, I am of the opinion that Ext.P10

submitted by the petitioner is liable to be considered in accordance

with law. There will, accordingly, be a direction to the 2 nd respondent

to take up, consider and pass orders on Ext.P10 appeal with notice to

the petitioner and after hearing her through any appropriate means,

including by video conferencing. Any other person likely to be affected

shall also be put on notice and heard. Ext.P5 judgment as well as Ext.P7

list and Exts.P7 (a) and P7 (b) orders shall be taken note of by the 2 nd WP(C) NO. 14138 OF 2021

respondent while passing orders as directed above. Orders shall be

passed within a period of two months from the date of receipt of a copy

of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 14138 OF 2021

APPENDIX OF WP(C) 14138/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF APPOINTMENT ORDER OF PETITION DATED 29.8.2018 ISSUED BY THE MANAGER.

Exhibit P2 TRUE COPY OF JOINING REPORT OF THE PETITIONER DATED 29.08.2018 ISSUED BY THE HEADMISTRESS OF C.C.P.L.M.A.I.H.S SCHOOL, PERUMANOOR.

Exhibit P3 TRUE COPY OF ORDER DATED 25.1.2019 ISSUED BY THE 4TH RESPONDENT.

Exhibit P4 TRUE COPY OF ORDER DATED 30.11.2020 ISSUED BY THE 4TH RESPONDENT.

Exhibit P5 TRUE COPY OF JUDGMENT DATED 11.12.2020 IN WPC NO. 20814/2020 OF THIS HONBLE COURT.

Exhibit P6 TRUE COPY OF ORDER DATED 29.1.2021 ISSUED BY THE 4TH RESPONDENT.

Exhibit P7 TRUE COPY OF LIST OF PROTECTED TEACHERS WORKING N DIFFERENT SCHOOLS UNDER THE MANAGEMENT OF CENTRAL BOARD OF ANGLO INDIAN EDUCATION.

Exhibit P7(A) TRUE COPY OF ORDER NO. B5/16132/18 DATED 26.7.2019 ISSUED BY THE 3RD RESPONDENT DEPLORING PROTECTED TEACHERS IN THE DISTRICT OF ERNAKULAM.

Exhibit P7(B) TRUE COPY OF ORDER NO. B5/16132/19 (2) DATED 20.7.2019 ISSUED BY THE 3RD RESPONDENT DEPLOYING PROTECTED TEACHERS IN THE DISTRICT OF ERNAKULAM.

Exhibit P8 TRUE COPY OF ORDER NO.

EC(3)/39704/2018/DPI/K. DIS DATED 28.7.2018 ISSUED BY THE 2ND RESPONDENT.

 WP(C) NO. 14138 OF 2021






Exhibit P9                TRUE COPY OF ORDER NO.

EC(3)/38704/2018/DPI DATED 5.12.2018 ISSUED BY THE 2ND RESPONDENT.

Exhibit P10 TRUE COPY OF APPEAL DATED 23.3.2201 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT