Cicily K.L vs State Of Kerala
2021 Latest Caselaw 15717 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                        WP(C) NO. 15219 OF 2021
PETITIONERS:

    1      CICILY K.L.,
           AGED 39 YEARS, W/O. PATHROSE V.J., UPPER PRIMARY SCHOOL
           ASSISTANT, LEO XIII HIGHER SECONDARY SCHOOL,
           ALAPPUZHA P.O., ALAPPUZHA DISTRICT-688001 (RESIDING AT
           VELIYIL VEEDU, VADACKAL, ALAPPUZHA-688003)

    2      JAIN MARY K.S.,
           AGED 39 YEARS, W/O. SHAJI MICHAEL, UPPER PRIMARY SCHOOL
           ASSISTANT, ST. THOMAS HIGH SCHOOL, THUMBOLY P.O.,
           THUMBOLY, ALAPPUZHA DISTRICT-688008.

    3      NIRMALA XAVIER,
           AGED 41 YEARS, W/O. SAJIMON, UPPER PRIMARY SCHOOL
           ASSISTANT, ST. JOSEPH'S HIGH SCHOOL, P.O. PUNNAPRA,
           ALAPPUZHA DISTRICT-688014.

           BY ADVS.
           V.A.MUHAMMED
           V.RAJASEKHARAN NAIR
RESPONDENTS:

    1      STATE OF KERALA,
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
           GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II,
           THIRUVANANTHAPURAM-695001.

    2      THE DIRECTOR OF GENERAL EDUCATION,
           JAGATHY, THIRUVANANTHAPURAM-695014.

    3      THE DEPUTY DIRECTOR OF EDUCATION,
           CIVIL STATION, ALAPPUZHA-688001.

    4      THE DISTRICT EDUCATIONAL OFFICER,
           IRON BRIDGE, ALAPPUZHA-688011.

    5      THE CORPORATE MANAGER,
           CORPORATE MANAGEMENT OF SCHOOLS, DIOCESE OF ALLEPPEY,
           LEO XIII CAMPUS, ALAPPUZHA, ALAPPUZHA DISTRICT-688001.

           SRI. BIJOY CHANDRAN- SR. G.P.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15219 OF 2021

                                          2




                                  JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) call for the records relating to Exhibits P-2, P-4, P-6, P-9 and P-10 orders and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.

(ii) declare that Exhibits P-1, P-3 and P-5 appointments made against additional posts are liable to be approved notionally from the date of appointment till 05.06.2019.

(iii) declare that Exhibit P-1(a), P-3(a) and P-5(a) appointments of the Petitioners as UPSA from 06.06.2019 onwards are legally valid and sustainable.

(iv) issue a writ of mandamus or other appropriate writ order or direction commanding the 4th Respondent DEO to grant approval to Exhibits P-1, P-3 and P-5 appointment of the Petitioners notionally from the date of appointments till 05.06.2019 and Exhibit P-1(a), P-3(a) and P-5(a) appointment of the Petitioners as UPSA from 06.06.2019 onwards.

(v) 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-16 Revision Petition 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. In view of the pleadings in the writ petition and

the nature of the directions being issued, notice to the 5 th respondent is

dispensed with.

WP(C) NO. 15219 OF 2021

3. It is submitted by the learned counsel for the petitioners that the

petitioners are presently working as UPSAs in various aided schools

under the 5th respondent. It is submitted that the appointments of the

petitioners have not been approved. Against the order rejecting the

appeals preferred with regard to approval of appointments of the

petitioners, the 5th respondent has preferred Exts.P13, P14 and P15

revision petitions before the Government. The petitioners have also

preferred Ext.P16 representation seeking approval of their

appointments.

4. Having heard the learned Government Pleader also and having

considered the contentions advanced and in view of the fact that the

statutory revision petitions preferred by the 5 th respondent are pending

before the 1st respondent, there will be a direction to the 1st respondent

to take up, consider and pass orders on Exts.P13, P14 and P15 revision

petitions preferred by the 5th respondent, with notice to the petitioners

as well as the 5th respondent and after hearing them, through any

appropriate means, including video conferencing, within a period of

three months from the date of receipt of a copy of this judgment. Ext.P16

representation preferred by the petitioners shall also be considered WP(C) NO. 15219 OF 2021

while passing orders as directed above.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 15219 OF 2021

APPENDIX OF WP(C) 15219/2021 PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE1ST PETITIONER DATED 07/06/2016.

Exhibit P1(A) TRUE COPY OF THE APPOINTMENT ORDER OF THE1ST PETITIONER DATED 06/06/2019.

Exhibit P2 TRUE COPY OF THEORDER NO. B5-11922/2019 DATED 12/2019 OF THE 4TH RESPONDENT.

Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 10/06/2016.

Exhibit P3(A) TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 06/06/2019.

Exhibit P4 TRUE COPY OF THEORDER NO. B5-10188/19 DATED 20/12/2019 OF THE 4TH RESPONDENT.

Exhibit P5 TRUE COPY OF THE APPOINTMENT ORDER OF THE 3RD PETITIONER DATED 21/06/2018.

Exhibit P5(A) TRUE COPY OF THE APPOINTMENT ORDER OF THE 3RD PETITIONER DATED 06/06/2019.

Exhibit P6 TRUE COPY OF THE ORDER NO. B5/11923/2019 DATED 12/2019 OF THE DEO.

Exhibit P7 TRUE COPY OF THE ORDER NO. B1/210711/2020 DATED 14/09/2019 OF THE DDE.

Exhibit P8 TRUE COPY OF THE ORDER NO. B1210706/2020 DATED 13/09/2020 OF THE DDE.

Exhibit P9 TRUE COPY OF THE ORDER NO. B1210710/2020 DATED 14/09/2020 OF THE DDE.

Exhibit P10 TRUE COPY OF THE CIRCULAR NO. J2/57/2019/ G.EDN. DATED 08/03/2019 OF THE GOVERNMENT. WP(C) NO. 15219 OF 2021

Exhibit P11 TRUE COPY OF THE ORDER NO. C/5549/2019/K.DIS DATED 24/09/20189 OF THE AEO.

Exhibit P12 TRUE COPY OF THE ORDER NO. C/5551/2019/K.DIS.

DATED 24/09/2019 OF THE AEO.

Exhibit P13 TRUE COPY OF THE REVISION APPEAL FILED BEFORE THE GOVERNMENT DATED 27/11/2020 AGAINST THE REJECTION ORDER OF THE 1ST PETITIONER.

Exhibit P14 TRUE COPY OF THE REVISION APPEAL FILED BEFORE THE GOVERNMENT DATED 27/11/2020 AGAINST THE REJECTION ORDER OF THE 2ND PETITIONER.

Exhibit P15 TRUE COPY OF THE REVISION APPEAL FILED BEFORE THE GOVERNMENT DATED 27/11/2020 AGAINST THE REJECTION ORDER OF THE 3RD PETITIONER.

Exhibit P16 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 18/06/2021.

RESPONDENT'S/S EXHIBITS: NIL