Sreejith C. vs State Of Kerala
2021 Latest Caselaw 6995 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942

                       WP(C).No.3888 OF 2021(I)

PETITIONERS:

      1        SREEJITH C., LPSA,
               VELLUR SOUTH L P SCHOOL, NADAPURAM,
               KOZHIKODE DISTRICT-673504.

      2        PRIYA P, LPSA,
               VELLUR SOUTH L P SCHOOL, NADAPURAM,
               KOZHIKODE DISTRICT-673504.

      3        RABISHA K, URDU TEACHER,
               VALAYAM UP SCHOOL, NADAURAM,
               KOZHIKODE DISTRICT-673504.

      4        RAJESH K K, P T SANSKRIT TEACHER,
               VALAYAM UP SCHOOL, NADAURAM,
               KOZHIKODE DISTRICT-673504.

               BY ADVS.
               SRI.K.MOHANAKANNAN
               SRI.T.S.NEJIMUDDIN

RESPONDENTS:

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

      2        THE DIRECTOR GENERAL OF EDUCATION, DPI JUNCTION,
               JAGATHY PO, THIRUVANANTHAPURAM-6395001.

      3        ASSISTANT EDUCATIONAL OFFICER, NADAPURAM,
               KOZHIKODE DISTRICT-673504,
               [email protected]

      4        THE MANAGER, VELLUR SOUTH LP SCHOOL,
               NADAPURAM, KOZHIKODE DISTRICT-673504.

      5        THE MANAGER, VELLUR NORTH L P SCHOOL,
               NADAPURAM, KOZHIKODE DISTRICT-673504.
 WPC 3888/21
                                2



       6      THE MANAGER, VALAYAM UP SCHOOL, NADAPURAM,
              KOZHIKODE DISTRICT-673504.

              BY SRI.RAJASEKHARAN NAIR-SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 3888/21
                                          3



                                     JUDGMENT

The petitioners say that they were

appointed as Lower Primary School Teachers

(LPSTs) in the schools managed by respondents

4, 5 and 6 and seek that the competent

Educational Authorities be directed to pass

appropriate orders on Exts.P6 to P9 Statutory

Revisions filed by them. They say that their

appointments were in regular open vacancies

that arose due to promotion or retirement and

therefore, they are eligible to be granted

approval with effect from the date of their

initial appointment.

2. The petitioners, however, allege that

they are given such benefits only with effect

from 01.06.2011, by including them in the

'Teachers' Package'; and that this has been

done without assigning any cogent or valid

reasons, thus constraining them to approach

the Government through Exts.P6 to P9 WPC 3888/21

Revisions, under the provisions of Rule 92

Chapter XIVA of the Kerala Education Rules

(KER for short). They, therefore, pray that

these Revisions be directed to be taken up and

disposed of within a time frame to be fixed by

this Court.

3. The learned Senior Government Pleader

- Sri.Rajasekharan Nair, initially submitted

that even a cursory look through Exts.P6 to P9

would show that they are highly belated and

relate to appointments which were made in the

year 2007 or so. He then submitted that if the

petitioners only require their Statutory

Revisions to be taken up and disposed of by

the competent Authority, then there is no

legal impediment in doing so; but prayed that

this Court may not make any affirmative

directions in their favour and also that the

said Authority be allowed to consider their

claims on the issue of delay also. WPC 3888/21

4. When I consider the afore submissions,

it is without doubt that this Court is not now

called upon to consider the validity of the

petitioners' contentions, since they only seek

that their Statutory Revisions be directed to

be disposed of.

In the afore circumstances, I order this

writ petition and direct the competent

Secretary of the Government to take up Exts.P6

to P9 Statutory Revisions of the petitioners

and dispose of the same, after affording them,

as also the Managers of the Schools, an

opportunity of being heard - either physically

or through video conferencing - thus

culminating in an appropriate order/s thereon,

as expeditiously as is possible but not later

than four months from the date of receipt of a

copy of this judgment.

Needless to say, since I have not

considered the rival contentions of the WPC 3888/21

parties, the Government will be at liberty to

take a decision in an appropriate manner, as

it may deem fit, including after assessing the

question of delay, if any.

Sd/-

                                DEVAN RAMACHANDRAN
      RR                              JUDGE
 WPC 3888/21




                           APPENDIX
      PETITIONER'S/S EXHIBITS:

      EXHIBIT P1        TRUE COPY OF THE RELEVANT PAGE OF

THE ORDER OF THE 2ND RESPONDENT DATED 12.12.2011.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 23.12.2011 OF THE 1ST PETITIONER ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 23.10.2011 OF THE 2ND PETITIONER ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 12.1.2012 OF THE 3RD PETITIONER ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 10.1.2012 OF THE 34TH PETITIONER ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE GOVERNMENT BY THE 1ST PETITIONER 21.01.2021.

EXHIBIT P7 TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE GOVERNMENT BY THE 2ND PETITIONER 22.1.2021.

EXHIBIT P8 TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE GOVERNMENT BY THE 3RD PETITIONER 22.1.2021.

EXHIBIT P9 TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE GOVERNMENT BY THE 3RD PETITIONER 22.1.2021.