V.V.Yoshi vs State Of Kerala
2021 Latest Caselaw 7433 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942

                       WP(C).No.5583 OF 2021(W)


PETITIONER:

               V.V.YOSHI
               AGED 44 YEARS
               UPPER PRIMARY SCHOOL ASSISTANT (UPSA),
               HIGH SCHOOL, PERINGODE, PERINGODE P.O.,
               KOOTTANAD, PALAKKAD DISTRICT.

               BY ADV. DR.GEORGE ABRAHAM

RESPONDENTS:

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

      2        DIRECTOR OF GENERAL EDUCATION,
               JAGATHY, THIRUVANANTHAPURAM-695 014.

      3        THE DEPUTY DIRECTOR OF EDUCATION,
               PALAKKAD-678 001.

      4        THE DISTRICT EDUCATIONAL OFFICER,
               OTTAPPALAM-678 001.

      5        SRI,KRISHNA KUMAR,
               UPSA, HIGH SCHOOL, PERINGODE, KOOTTANAND,
               PALAKKAD DISTRICT-679 535.

      6        THE MANAGER,
               HIGH SCHOOL PERINGODE,
               PERINGODE P.O., KOOTTANAD,
               PALAKKAD DISTRICT-679 535.

               NISHA BOSE, SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5583 OF 2021

                                          2


                                  JUDGMENT

Dated this the 3rd day of March 2021

This writ petition is filed seeking the following reliefs :-

"i) to issue a Writ of Certiorari or any other appropriate writ, order or direction, to quash Exhibit P-13 and P-14 orders to the extent it declines seniority of the petitioner over the 5 th respondent.

ii) to declare that the petitioner whose appointment is approved w.e.f. 21/11/2007 is senior to the 5 th respondent.

iii) to issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the 1 st respondent to consider and pass orders on Exhibit P-15 revision."

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 in a promotion vacancy on 21.11.2007. It is

submitted that since Exts.P13 and P14 orders have been rendered

approving the appointment of the petitioner from 21.11.2007, the

petitioner is entitled to notional seniority from that date and to all the

consequential benefits thereof including protection from retrenchment

when there was a division fall. However, it is submitted that the 5 th

respondent, who has approved appointment only with effect from WP(C).No.5583 OF 2021

02.06.2008 has been considered as the petitioner's senior. It is contended

that Ext.P15 revision petition preferred by the petitioner before the

Government is liable to be considered and appropriate orders are liable

to be passed thereon in accordance with law.

4. Having heard the learned Government Pleader also, I am of the

opinion that since the issue involves factual disputes, it is for the 1 st

respondent to take an appropriate decision on Ext.P15 revision petition.

5. There will, accordingly, be a direction to the 1 st respondent to take

up, consider and pass appropriate orders on Ext.P15 revision petition

preferred by the petitioner, with notice to the petitioner as well as

respondents 5 and 6 and any other teacher likely to be affected by the

orders to be passed thereon and after hearing them, through any

appropriate means, including by 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 NP WP(C).No.5583 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 21.11.2007.

EXHIBIT P2 TRUE COPY OF THE APPEAL DATED 11.12.2008.

EXHIBIT P3 TRUE COPY OF THE ORDER OF THE DEPUTY DIRECTOR OF EDUCATION DATED 29.05.2009.

EXHIBIT P4 TRUE COPY OF THE ORDER OF THE DIRECTOR OF PUBLIC INSTRUCTIONS DATED 08.12.2009.

EXHIBIT P5 TRUE COPY OF THE ORDER OF THE GOVERNMENT DATED 23.12.2010.

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 14.01.2011 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER.

EXHIBIT P7 TRUE COPY OF THE ORDER OF THE DIRECTOR OF PUBLIC INSTRUCTION DATED 27.10.2009.

EXHIBIT P8 TUE COPY OF JUDGMENT IN WPC NO.3235/2011 DATED 06.12.2013.

EXHIBIT P9 TRUE COPY OF ORDER PASSED BY THE GOVERNMENT DATED 28.11.2014.

EXHIBIT P10 TRUE COPY OF GOVERNMENT ORDER GO(RT) NO.5665/14/G.EDN DATED 23.12.2014 IS.

EXHIBIT P11 TRUE COPY OF CERTIFICATE ISSUED BY THE HEADMISTRESS OF THE SCHOOL, PERINGODE DATED 10.10.2019.

EXHIBIT P12 TRUE COPY OF JUDGMENT IN WPC NO.1511/2015 DATED 04.02.2019.

EXHIBIT P13 TRUE COPY OF ORDER ISSUED BY THE DISTRICT EDUCATIONAL OFFICER DATED 20.04.2019.

EXHIBIT P14 TRUE COPY OF PASSED BY THE DEPUTY DIRECTOR OF EDUCATION DATED 13.11.2020.

EXHIBIT P15 TRUE COPY OF REVISION PETITION FILED BY THE PETITIONER DATED 20.02.2021.

RESPONDENT'S/S EXHIBITS: NIL