Remya Raveendran vs State Of Kerala
2021 Latest Caselaw 10495 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                       WP(C).No.8140 OF 2021(N)


PETITIONER:

               REMYA RAVEENDRAN
               AGED 32 YEARS
               W/O.RENJITH, UPPER PRIMARY SCHOOL TEACHER, HIGHER
               SECONDARY SCHOOL, VALAYANCHIRANGARA, PERUMBAVOOR,
               ERNAKULAM DISTRICT-683556, RESIDING AT NIRAVATH
               RASHMI COTTAGE, VALAYANCHIRANGARA, PERUMBAVOOR,
               ERNAKULAM DISTRICT-683556.

               BY ADVS.
               SRI.T.G.SUNIL (PRANAVAM)
               SRI.J.OM PRAKASH
               SRI.C.X.ANTONY BENEDICT
               SHRI.T.S.BHARATH KRISHNA
               SHRI.EMMANUAL SANJU

RESPONDENTS:

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

      2        DIRECTOR OF GENERAL EDUCATION,
               GENERAL EDUCATION DEPARTMENT,
               THIRUVANANTHAPURAM-695001.

      3        DY.DIRECTOR (EDUCATION),
               GENERAL EDUCATION DEPARTMENT, CIVIL STATION,
               THRIKKAKARA, KAKKANAD, ERNAKULAM-682030.

      4        DISTRICT EDUCATIONAL OFFICER,
               KOTHAMANGALAM-686691.

      5        MANAGER,
               HIGHER SECONDARY SCHOOL, VALAYANCHIRANGARA,
               PERUMBAVOOR, ERNAKULAM DISTRICT-683556.

      6        HEADMASTER,
               HIGHER SECONDARY SCHOOL, VALAYANCHIRANGARA,
               PERUMBAVOOR, ERNAKULAM DISTRICT-683556.
 WP(C).No.8140 OF 2021(N)

                                 2



              SR GP NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8140 OF 2021(N)

                                          3



                                 JUDGMENT

Dated this the 29th day of March 2021

This writ petition is filed seeking the following reliefs:

"i) to declare that the petitioner is legally entitled to get approval of her appointment as Upper Primary School Teacher with effect from 24.06.2019 by the Educational Authorities against a clear vacancy existed consequent on the promotion of Smt.SRSH Kumari as High School Teacher with all consequential benefits and the denial of the same is clearly illegal, arbitrary and discriminatory violating Articles 14 and 16(1) of the Constitution of India.

ii) to call for the records leading to Ext.P3 order dated 06.02.2020 of the 4 th respondent, Ext.P6 order dated 12.03.2020 and Ext.P8 order dated 11.08.2020 of the 3 rd respondent by issuance of a writ of certiorari or other appropriate writ, direction or order and quash the same;

iii) to issue a writ of mandamus or other appropriate writ, direction or order directing the respondents 1 to 4 to approve the appointment of the petitioner as Upper Primary School Teacher with effect from 24.06.2019 under the Management of the 5th respondent Manager with all consequential benefits expeditiously and at any rate, within a time frame that may be fixed by this Hon'ble Court.

iv) to issue a writ of mandamus or other appropriate writ, direction or order directing the respondents 1 to 4 to sanction the salary and other allowances attached to the WP(C).No.8140 OF 2021(N)

post of Upper Primary School Teacher with effect from 24.06.2019 and to disburse the arrears of salary and allowances forthwith and at any rate, within a time frame that may be fixed by this Hon'ble Court."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

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

the petitioner was appointed as UPST on 24.06.2019 in the 5 th

respondent school. The appointment was in a promotion vacancy.

The approval was rejected on the ground that protected teachers

ought to have been appointed against the vacancy. It is submitted

by the learned counsel for the petitioner that Ext.P9 revision

petition has been moved before the 2 nd respondent and that the

matter is liable to be considered in view of the Government orders

issued with regard to approval of appointment after the ban period

rejected on the ground that protected teachers have to be

accommodated. The learned counsel for the petitioner refers to G.O.

(P) No.4/21 G.Edn dated 06.02.2021.

4. The learned Government Pleader submits that since Ext.P9

revision petition has already been preferred by the petitioner WP(C).No.8140 OF 2021(N)

before the 2nd respondent, the same will be considered taking note

of the provisions of the said Government order as well.

Having heard the learned counsel on either side, I am of the

opinion that Ext.P9 revision petition is liable to be considered and

disposed of in accordance with law after hearing the petitioner with

reference to the later Government orders as well. There will,

accordingly, be a direction to the 2 nd respondent to take up,

consider and pass orders on Ext.P9 revision petition with notice to

the petitioner as well as the Manager and after hearing them

through any appropriate means including through video

conferencing within a period of two months from the date of receipt

of a copy of this judgment. The provisions of G.O.(P) No.4/21 G.Edn

dated 06.02.2021 shall also be taken note of by the 2 nd respondent

while passing orders as directed above. The petitioner shall be

permitted to continue till orders are passed as directed above.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.8140 OF 2021(N)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 24.06.2019 OF THE 4TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF ORDER NO.B4/13911/2019 DATED 12.01.2020 OF THE 4TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF ORDER NO.B4/13899/2019 DATED 06.02.2020 OF THE 4TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE LIST OF TEACHERS INCLUDED IN THE TEACHERS BANK UNDER THE KOTHAMANGALAM EDUCATIONAL DISTRICT FOR THE ACADEMIC YEAR 2019-20.

EXHIBIT P5 TRUE COPY OF THE APPEAL SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 3RD RESPONDENT APPELLATE AUTHORITY AGAINST EXT.P3 ORDER OF THE 4TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF ORDER NO.M4/2020(7) DATED 12.03.2020.

EXHIBIT P7 TRUE COPY OF JUDGMENT DATED 29.05.2020 OF THIS HON'BLE COURT IN W.P.

(C)NO.9378/2020 FILED BY THE PETITIONER.

EXHIBIT P8 TRUE COPY OF ORDER NO.B4/211850/2020 DATED 11.08.2020 OF THE 3RD RESPONDENT APPELLATE AUTHORITY.

EXHIBIT P9 TRUE COPY OF REVISION APPEAL SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT AGAINST EXT.P7 ORDER OF THE 3RD RESPONDENT (WITHOUT ITS ANNEXURES).

EXHIBIT P10 TRUE COPY OF POSTAL ACKNOWLEDGMENT CARD.