C.Shamna vs The State Of Kerala Represented By ...
2021 Latest Caselaw 7864 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942

                      WP(C).No.20449 OF 2015(E)

PETITIONER:

               C.SHAMNA, AGED 35 YEARS
               W/O.P V BINU, FULL-TIME SANSKRIT TEACHER,
               RADHAKRISHNA A U P SCHOOL, CHEKKIKULAM P O,
               CHEKKIKULAM, KANNUR DISTRICT

               BY ADVS.
               SRI.V.A.MUHAMMED
               SRI.M.SAJJAD


RESPONDENTS:

      1        THE STATE OF KERALA REPRESENTED BY ITS
               ADDITIONAL CHIEF SECRETARY TO GOVERNMENT,
               GENERAL EDUCATION(E)DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM 695001

      2        THE DIRECTOR OF PUBLIC INSTRUCTIONS
               JAGATHY, THIRUVANANTHAPURAM 695014

      3        THE ASSITANT EDUCATIONAL OFFICER
               TALIPARAMBA SOUTH, P O MAYYIL,
               KANNUR DISTRICT 670602

      4        THE MANAGER, RADHAKRISHNA A U P SCHOOL,
               CHEKKIKULAM P O, CHEKKIKULAM,
               KANNUR DISTRICT 670592


               SRI.P.M.MANOJ-SR.GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD        ON
08.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 20449/15
                                         2


                                   JUDGMENT

The petitioner says that she was appointed

as a Full-time Sanskrit Teacher by the Manager

of 'Radhakrishna A.U.P. School', Kannur, with

effect from 02.06.2004, against a retirement

vacancy; but that the jurisdictional Assistant

Educational Officer (AEO) approved her

appointment only as a Part-time Teacher. She

says that she, therefore, approached this

Court by filing W.P.(C)No.2605/2007, in which,

directions had been issued to the AEO to

approve her appointment as a Full-time

Teacher, by implementing Group C diversion

and that she was, thereafter, granted approval

with effect from 01.06.2006.

2. The petitioner says that, however,

since her approval from 02.06.2004 as a Full-

time Teacher had been denied, she approached

the Government, who found that she was

eligible to be appointed as a Full-time WPC 20449/15

Teacher only with effect from 01.04.2008

through Group C diversion; and that

consequential directions were issued to the

AEO, Thaliparambu.

3. The petitioner says that she,

therefore, filed a Review Petition before the

Government, followed by a Writ Petition before

this Court numbered as W.P(C)No.8429/2013,

which was disposed of directing the Government

to consider and pass orders in the said Review

Petition. She says that it was consequent

thereto, that Ext.P5 order has been now

issued, wherein, Government has again rejected

her request on a fallacious factual input that

two specialist teachers in 'Craft' and 'Music'

were working in the School at the time of her

appointment. She asserts this finding is wrong

because only a Teacher in 'Craft' was so

working and that there was no teacher in

Music. She thus prays that Ext.P5 be set aside WPC 20449/15

and her request for Full-time benefits from

the date of her initial appointment be

directed to be granted by the competent

Educational Authorities.

4. The afore submissions of

Smt.P.A.Jenzia - the learned counsel for the

petitioner, was refuted by the learned Senior

Government Pleader - Sri.P.M.Manoj, by saying

that Group C diversion, as prayed for by the

petitioner, is possible only had there been

sufficient periods for diversion.

5. The learned Senior Government Pleader

submitted that it is evident from Ext.P5 order

that the School had teachers both in 'Craft'

and 'Music' at the time when the petitioner

was appointed and therefore, that there were

no periods available for making a Group C

diversion. He thus prayed that this writ

petition be dismissed.

                 6.         When         I        evaluate          the     afore
 WPC 20449/15


       submissions,        I     find       some    force     in    the

contentions of the petitioner, because Ext.P14

Staff Fixation Order prima facie renders that

the School has only a Teacher in 'Craft' and

not in 'Music' at the time when the petitioner

was so appointed.

7. If this be so, when the basis of

Ext.P5, looses its foundations because, the

Government has found that there are no periods

for Group C diversion since teachers in both

'Music' and 'Craft' were working in the School

at the relevant time.

8. I am, therefore, of the firm view

that this matter requires to be reconsidered

by the Government, adverting to Ext.P14 Staff

Fixation Order and after affording an

opportunity of being heard to the petitioner,

as well as the Manager of the School - either

physically or through video conferencing.

Resultantly, I allow this writ petition WPC 20449/15

and set aside Ext.P5 Government Order; with a

consequential direction to the competent

Secretary of the Government to reconsider the

matter in the manner afore, thus culminating

in an appropriate order thereon, as

expeditiously as is possible, but not later

than three months from the date of receipt of

a copy of this judgment.

I make it clear that I have set aside

Ext.P5 order only on account of the contention

of the petitioner that there was no teacher in

'Music' in the School at the relevant time and

if this is found to be credible, then

Government will consider diversion of Group C

periods, as has been prayed for by the

petitioner, in terms of the then applicable

provisions of law.

Sd/-

                                                DEVAN RAMACHANDRAN
       RR/AKV                                              JUDGE
 WPC 20449/15


                            APPENDIX
       PETITIONER'S/S EXHIBITS:

       EXHIBIT P1        P1:-TRUE COPY OF THE APPOINTMENT

ORDER OF THE PETITIONER DTD 2/6/2004

EXHIBIT P2 P2:-TRUE COPY OF THE STAFF FIXATION ORDER 1981-1982 DTD 8/7/1981

EXHIBIT P3 P3:-TRUE COPY OF THE STAFF FIXATION ORDER 1982-1983 DTD 14/7/1982

EXHIBIT P4 P4:-TRUE COPY OF THE STAFF FIXATION ORDER 1983-1984 DTD 15/7/1983

EXHIBIT P5 P5:-TRUE COPY OF THE G O (RT)NO 5015/2014/G.EDN DTD 15/11/2014 OF THE GOVERNMENT

EXHIBIT P6 P6:-TRUE COPY OF THE APPOINTMENT ORDER OF SMT REMANI BAI DTD 22/11/1980

EXHIBIT P7 P7:-TRUE COPY OF THE GO(MS)NO 371/2000/G.EDN DTD 13/11/2000 OF THE GOVERNMENT

EXHIBIT P8 P8:-TRUE COPY OF THE CERTIFICATE

EXHIBIT P8A P8(A):-TRUE COPY OF THE JUDGMENT IN WPC NO 30570/2005-L DTD 18/9/2007

EXHIBIT P9 P9:-TRUE COPY OF THE JUDGMENT IN WPC NO 20320/2013-L DTD 11/3/2015

EXHIBIT P10 P10:-TRUE COPY OF THE G O (RT)NO 4975/2011/G.EDN DTD 10/11/2011 OF THE GOVERNMENT

EXHIBIT P11 P11:-TRUE COPY OF THE GO (RT)NO 3214/2013 /G.EDN DTD 1/8/2013 OF THE GOVERNMENT WPC 20449/15

EXHIBIT P12 P12:-TRUE COPY OF THE GO(RT)NO 2390/2008/G.EDN DTD 27/5/2008 OF THE GOVERNMENT

EXHIBIT P13 P13:-TRUE COPY OF THE LETTER NO 72037/E2/2011/G.EDN DTD 8/6/2012 OF THE GOVERNMENT