Anitha Kuttappan vs State Of Kerala
2021 Latest Caselaw 13328 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                    THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
             MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
                              WP(C) NO. 9433 OF 2021
PETITIONER:
                  ANITHA KUTTAPPAN
                  AGED 41 YEARS
                  W/O MURALI, NOW WORKING AS LPSA, BTM LPS, KUMBANKALLU,
                  THODUPUZHA EAST P.O.IDUKKI DISTRICT, PIN-685 585.

                  BY ADV PAULSON THOMAS


RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
           EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM, PIN-695 001.

       2          THE DIRECTOR OF GENERAL EDUCATION,
                  GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA,
                  JAGATHY, THIRUVANANTHAPURAM, PIN-695 005.

       3          DEPUTY DIRECTOR OF EDUCATION,
                  IDUKKI, OFFICE OF THE DD AT THODUPUZHA, PIN-685 584.

       4          ASSISTANT EDUCATIONAL OFFICER,
                  THODUPUZHA,PIN-685 584.

       5          MANAGER,
                  BTM LPS, KUMBANKALLU, THODUPUZHA EAST P.O.IDUKKI
                  DISTRICT, PIN-685 585.


OTHER PRESENT:
           SR. G.P. SMT. NISHA BOSE


THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
28.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9433 OF 2021
                                     2

                              JUDGMENT

This writ petition is filed seeking the following prayers: -

i. Issue a writ of certiorari quashing P2(b), P3, P4 and P5.

ii. Declare that the vacancy against which the petitioner was appointed is not liable to be set apart for absorption of protected teachers and that she is entitled to approval w.e.f 19.06.2017 as LPSA in respect of P1 appointment.

iii. Issue a writ of mandamus or appropriate directions directing the respondents to accept P2(a) declaration of the Manager setting apart the vacancy arising w.e.f 31.03.2020 for absorption of protected teachers, for the purpose of P6 Government order dated 06.02.2021.

iv. Issue a writ of mandamus or appropriate directions directing the AEO, Thodupuzha to approve the appointment of the petitioner as LPSA w.e.f 19.06.2017 and grant all consequential benefits.

v. Or in the alternative direct the 1st respondent Government to consider and pass orders on Ext.P10 revision petition pending before the Government within a time limit prescribed by this Hon'ble Court after hearing the petitioner and the Manager of the school.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned counsel for the WP(C) NO. 9433 OF 2021

petitioner that the petitioner was appointed as LPST in the 5 th

respondent's school on 19.06.2017. The appointment has not

been approved so far. It is submitted that, in the meanwhile,

the Manager had made several other appointments as well. The

Manager has, thereafter, withdrawn the petitioner's

appointment and submitted Ext.P3 request for approval of the

same to set apart the said post for appointment of a protected

teacher. It is submitted that Ext.P6 Government Order has been

issued directing approval of appointments made from 2016 to

2019 on condition that the Manager submits a declaration that

he would set apart one vacancy to absorb a protected teacher

in future. It is submitted that, as against the action of the

Manager in withdrawing the petitioner's appointment and

keeping apart the post to which she was appointed for

appointing a protected teacher, the petitioner has submitted

Ext.P10 revision petition and seeks a consideration of the

same.

4. The learned Government Pleader submits that WP(C) NO. 9433 OF 2021

several other appointments had been made by the Manager

and that any orders on Ext.P10 revision petition will prejudice

the appointees between 2016 and 2020, who have got benefit

of the withdrawal of the petitioner's appointment and the

reservation of the said post for appointing the protected

teacher.

5. The learned counsel for the petitioner would submit

that no protected teacher has been appointed and the

petitioner is continuing against the post to which she was

appointed on 19.06.2017.

6. Having heard the learned counsel on either side, I

notice that the 5th respondent has been served with notice in

the writ petition, but there is no appearance.

7. In the above view of the matter, I am of the opinion

that Ext.P10 revision petition preferred by the petitioner before

the Government is liable to be considered with notice to the

petitioner, the Manager as well as any other teacher, who is

likely to be affected by the orders to be passed thereon. WP(C) NO. 9433 OF 2021

8. In the above view of the matter, there will be a

direction to the 1st respondent to take up, consider and pass

orders on Ext.10 revision petition with notice to the petitioner,

the Manager as well as all other teachers, who are likely to be

affected by orders to be passed on Ext.P10 revision petition

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.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE bng WP(C) NO. 9433 OF 2021

APPENDIX OF WP(C) 9433/2021

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER AS LPST W.E.F 19.6.2017 DATED 27.6.2017

EXHIBIT P2 TRUE COPY OF THE REQUEST OF THE MANAGER DATED 1.7.2019

EXHIBIT P2 (A) TRUE COPY OF THE DECLARATION IN STAMP PAPER DATED 1.7.2019

EXHIBIT P2 (B) TRUE COPY OF THE REJECTION ORDER ISSUED BY THE DD NO B5/6094/2020 DATED 15.10.2020

EXHIBIT P3 TRUE COPY OF THE LETTER ISSUED BY THE MANAGER WITHDRAWING THE APPOINTMENT OF THE PETITIONER WITH RETROSPECTIVE EFFECT DATED 20.10.2020

EXHIBIT P4 TRUE COPY OF THE DECLARATION GIVEN BY THE MANAGER SETTING APART THE VACANCY OCCUPIED BY THE PETITIONER FOR PROTECTED TEACHERS NO 01/10/2020 DATED 22.10.2020

EXHIBIT P5 TRUE COPY OF THE ORDER NO F/2406/2020/K.DIS DATED 9.11.2020 OF THE AEO, THODUPUZHA

EXHIBIT P6 TRUE COPY OF GO(P) NO 4/2021/G.EDN DATED 6.2.2021

EXHIBIT P7 TRUE COPY OF THE CIRCULAR NO F2/19500/2019/D.G.E DATED 26.2.2021 ISSUED BY THE DIRECTOR OF GENERAL EDUCATION CONSEQUENT TO P6 GOVERNMENT ORDER

EXHIBIT P8 TRUE COPY OF THE RELEVANT PAGE OF THE SSLC BOOK CONTAINING DATED OF BIRTH OF THE WP(C) NO. 9433 OF 2021

PETITIONER

EXHIBIT P9 TRUE COPY OF THE K-TET CERTIFICATE OF THE PETITIONER

EXHIBIT P10 TRUE COPY OF THE REVISION PETITION DATED 25.3.2020 GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT