P.C. Rajan vs State Of Kerala
2021 Latest Caselaw 8017 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942

                      WP(C).No.38737 OF 2017(N)

PETITIONER:

               P.C. RAJAN
               HSA(SS),VADAKKUMPAD HIGHER SECONDARY
               SCHOOL,P.O.PALERI,KOZHIKODE DISTRICT-673508.

               SRI.R.K.MURALEEDHARAN

RESPONDENTS:

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

      2        DIRECTOR OF HIGHER SECONDARY EDUCATION
               HOUSING BOARD BUILDINGS,SHANTHI
               NAGAR,THIRUVANANTHAPURAM-695001.

      3        REGIONAL DEPUTY DIRECTOR
               HIGHER SECONDARY EDUCATION, REGIONAL OFFICE,
               KOZHIKODE-673003.

      4        THE MANAGER
               VADAKKUMPAD HIGHER SECONDARY SCHOOL,
               P.O.PALERI,KOZHIKODE DISTRICT-673508.

      5        E.BIJU
               VADAKUMPAD HIGHER SECONDARY SCHOOL,
               P.O.PALERI,KOZHIKODE DISTRICT-673508.

               SRI.ELVIN PETER P.J.
               SRI.K.R.GANESH
               SRI.P.C.SASIDHARAN
               SRI. P.M.MANOJ - SR.GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
09.03.2021, ALONG WITH WP(C).36647/2018(E), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(C).No.38737 OF 2017(N) & con.case

                                          2

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

             THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942

                          WP(C).No.36647 OF 2018(E)



PETITIONER:

                 BIJU E.,
                 H.S.S.T. JUNIOR (POLITICAL SCIENCE),
                 VADAKKUMPAD HIGHER SECONDARY SCHOOL ,PALERI
                 KUTTIYADI (VIA), KOZHIKODE -673508

                 SRI.ELVIN PETER P.J.
                 SRI.K.R.GANESH

RESPONDENTS:

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

        2        THE DIRECTOR OF HIGHER SECONDARY EDUCATION,
                 DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING
                 BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-
                 695001.

        3        THE REGIONAL DEPUTY DIRECTOR,
                 HIGHER SECONDARY EDUCATION, REGIONAL OFFICE,
                 KOZHIKODE-673003.

        4        THE MANAGER,
                 VADAKKUMPAD HIGHER SECONDARY SCHOOL,PALERI,
                 KUTTIYADI,KOZHIKODE-673508

        5        SRI.RAJAN.P.C,
                 H.S.A, VADAKKUMPAD HIGHER SECONDARY SCHOOL, PALERI,
                 KUTTIYADI, KOZHIKODE -673508.
 WP(C).No.38737 OF 2017(N) & con.case

                                       3

                 SRI.P.C.SASIDHARAN
                 SRI.R.K.MURALEEDHARAN

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
09.03.2021, ALONG WITH WP(C).38737/2017(N), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.38737 OF 2017(N) & con.case

                                             4


                                    JUDGMENT

Dated this the 9th day of March 2021

When these matters were called today, the learned

counsel for the petitioners in both cases and the learned

counsel for the Manager submitted that through a

conciliation, the internecine disputes have now been settled;

and that it has been agreed that Sri.E.Biju, petitioner in W.P.

(C) No.36647/2018 can be granted approval with effect from

30.08.2013 - the date of his initial appointment, and that the

appointment of Sri.P.C.Rajan, petitioner in W.P.(C)

No.38737/2017, can be approved with effect from

20.01.2020, since the latter has given up his claim to the post

to which Sri.Biju has been now appointed.

2. The learned counsel are also ad idem that the

proposals for approval of Sri.E.Biju and that of Sri.P.C.Rajan

are pending before the jurisdictional Regional Deputy

Director and they pray that the said Authority be directed to

consider their approvals, either simultaneously or one after

the other.

3. Taking note of the afore submissions and since the WP(C).No.38737 OF 2017(N) & con.case

appointment of Sri.P.C.Rajan - petitioner in W.P.(C)

No.38737/2017 is stated to have been made by the Manager

of the school in terms of the earlier Government Order, I

deem it appropriate that this writ petition be ordered in terms

of the request now made by the learned counsel.

4. In the afore circumstances, I direct the Regional

Deputy Director (RDD), Kozhikode, to take up the proposal for

approval of appointment of Sri.Biju E. with effect from

30.08.2013 and that of Sri.P.C.Rajan from 20.01.2020, either

simultaneously or one after the other.

5. After I dictated this judgment, Sri.Elvin Peter

submitted that since his client was originally appointed with

effect from 03.08.2011 - being the date from which the post

had been sanctioned subsequently - his client's approval may

also be directed to be considered from that date. I, therefore,

leave it to the Regional Deputy Director to decide on this

aspect also, after affording an opportunity of being heard to

all the parties - either physically or through video

conferencing - while the afore directions are complied with.

The directions above shall be complied with by RDD as

expeditiously as is possible, but not later than four months WP(C).No.38737 OF 2017(N) & con.case

from the date of receipt of a copy of this judgment and it is

needless to say that consequent thereto, all benefits,

including salary and emoluments, shall be paid to the two

teachers without any avoidable delay thereafter.

These writ petitions are thus ordered.

Sd/- DEVAN RAMACHANDRAN

Stu JUDGE WP(C).No.38737 OF 2017(N) & con.case

APPENDIX OF WP(C) 38737/2017 PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE IN DEGREE OF MASTER OF ARTS IN POLITICAL SCIENCE ISSUED BY THE MADURAI KAMA RAJA UNIVERSITY DATED 20.10.2012.

EXHIBIT P2 A TRUE COPY OF THE EQUIVALENCY CERTIFICATE ISSUED BY THE UNIVERSITY OF CALICUT.

EXHIBIT P2(A) A TRUE COPY OF THE RELEVANT PAGES OF THE SENIORITY LIST OF THE TEACHERS AS ON 03/06/2013.

EXHIBIT P3 A TRUE COPY OF THE RELEVANT PAGES OF THE G.O DATED 15.07.2013

EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DATED 19.07.2013 SUBMITTED BY THE PETITIONER

EXHIBIT P5 A TRUE COPY OF THE PROCEEDINGS OF THE MANAGER DATED 19.09.2013

EXHIBIT P5(A) A TRUE COPY OF THE APPOINTMENT ORDER OF THE 5TH RESPONDENT DATED 30.08.2013

EXHIBIT P6 A TRUE COPY OF THE RELEVANT PAGES OF THE TEACHERS ATTENDANCE REGISTER FOR THE MONTH OF AUGUST,2013 ALONG WITH THE ENDORSEMENT.

EXHIBIT P7 A TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 03.05.2014

EXHIBIT P8 A TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 28.03.2017

EXHIBIT P9 A TRUE COPY OF THE G.O.(RT)NO.4414/2017/G.EDN DATED 16.11.2017.

EXHIBIT P10 A TRUE COPY OF THE RELIEVING LETTER OF THE 5TH RESPONDENT AS UPSA DATED 30/08/2013.

EXHIBIT P11 A TRUE COPY OF THE REQUEST SUBMITTED UNDER RTI ACT BY USHA K DATED 12/08/2018.

EXHIBIT P11(A) A TRUE COPY OF THE REPLY RECEIVED DATED 31/08/2018.

WP(C).No.38737 OF 2017(N) & con.case

RESPONDENT'S EXHIBITS:

EXHIBIT R5(A) TRUE COPY OF M.A. DEGREE CERTIFICATE.

EXHIBIT R5(B) TRUE COPY OF EQUIVALENCY CERTIFICATE ISSUED BY THE CALICUT UNIVERSITY.

EXHIBIT R5(C) TRUE COPY OF B.ED. DEGREE CERTIFICATE OF R5.

EXHIBIT R5(D) TRUE COPY OF M.ED. DEGREE CERTIFICATE OF R5.

EXHIBIT R5(E) TRUE COPY OF G.O.(MS) 128/10/G.E. DATED 20/7/2010.

EXHIBIT R5(F) TRUE COPY OF G.O.(MS) 167/11/G.E. DT. 3/8/2011 BY THE 2ND RESPONDENT.

EXHIBIT R5(G) TRUE COPY OF G.O.(MS) 211/2013/G.E. DT.

15/7/2013.

EXHIBIT R5(H) TRUE COPY OF CERTIFICATE NO.2/2013/289916 ISSUED TO MR.ABDUL KABEER.

EXHIBIT R5(I) TRUE COPY OF G.O.(RT) 211/2011/GE. DT.

24/10/2011.

EXHIBIT R5(J) TRUE COPY OF APPOINTMENT ORDER DT. 30/8/2013 OF R5.

EXHIBIT R5(K) TRUE COPY OF ORDER NO.A2/11812/2013 DT. 3/5/2014 ISSUED BY DEPUTY DIRECTOR OF HIGHER EDUCATION.

EXHIBIT RT(L) TRUE COPY OF ORDER NO.A2/12972/2013 DT. 14/5/2014 OF REGIONAL DEPUTY DIRECTOR.

EXHIBIT R5(M) TRUE COPY OF JUDGMENT DT. 28/8/2014 IN W.P.15534/2014.

EXHIBIT R5(N) TRUE COPY OF ORDER NO.B1/21729/2014/HSE DT.

19/12/2014.

EXHIBIT R5(O) TRUE COPY OF JUDGMENT DT. 4/11/2016 IN W.P.

35434/2014.

EXHIBIT R5(P) TRUE COPY OF ORDER NO.B1/21729/2014/HSE DT.

28/3/2017.

EXHIBIT R5(Q) TRUE COPY OF JUDGMENT DT. 7/6/2017 IN W.P.18891/17.

WP(C).No.38737 OF 2017(N) & con.case

APPENDIX OF WP(C) 36647/2018 PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF THE M.A DEGREE CERTIFICATE ISSUED BY MADHURAI KAMARAJ UNIVERSITY DATED 30.11.2009.

EXHIBIT P2 TRUE PHOTOCOPY OF THE EQUIVALENCY CERTIFICATE DATED 04.2.2012 ISSUED BY THE UNIVERSITY OF CALICUT.

EXHIBIT P3 TRUE PHOTOCOPY OF THE B.ED CERTIFICATE DATED 17.1.2001 ISSUED TO THE PETITIONER.

EXHIBIT P4 TRUE PHOTOCOPY OF THE M.ED CERTIFICATE ISSUED TO THE PETITIONER DATED 15.12.2011.

EXHIBIT P5 TRUE PHOTOCOPY OF THE G.O(MS) NO,128/2010/G.EDN DATED 20.7.2010.

EXHIBIT P6 TRUE PHOTOCOPY OF THE G.O(MS) NO.167/2011 /G.EDN DATED 03.8.2011.

EXHIBIT P7 TRUE PHOTOCOPY OF THE G.O(MS) NO.211/2013/G.EDN DATED 15.7.2013.

EXHIBIT P8 TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED TO ONE MR. ABDUL KABEER WHO WAS A STUDENT ADMITTED IN THE ACADEMIC YEAR 2011-2012 IN THE HUMANITIES BATCH.

EXHIBIT P9 TRUE PHOTOCOPY OF THE GOVERNMENT ORDER DATED 24.10.2011.

EXHIBIT P10 TRUE PHOTOCOPY OF THE GOVERNMENT ORDER DATED 23.2.2013.

EXHIBIT P11 TRUE PHOTOCOPY OF THE M.A. CERTIFICATE OF THE 5TH RESPONDENT DATED 20.10.2012 ISSUED BY THE MADHURAI KAMARAJ UNIVERSITY.

EXHIBIT P12 TRUE PHOTOCOPY OF THE CERTIFICATE DATED 13.3.2013 ISSUED BY THE UNIVERSITY OF CALICUT TO THE 5TH RESPONDENT.

EXHIBIT P13 TRUE PHOTOCOPY OF THE APPOINTMENT ORDER DATED WP(C).No.38737 OF 2017(N) & con.case

30.8.2013 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P14 TRUE PHOTOCOPY OF THE ORDER DATED 03.5.2014 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P15 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 14.5.2014 REJECTING THE APPOINTMENT OF THE PETITIONER.

EXHIBIT P16 TRUE PHOTOCOPY OF THE JUDGMENT DATED 28.8.2014 IN WPC.NO,15534/2014.

EXHIBIT P17 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 19.12.2014.

EXHIBIT P18 TRUE PHOTOCOPY OF THE JUDGMENT DATED 04.11.2016 IN WPC.NO,35434/2014.

EXHIBIT P19 TRUE PHOTOCOPY OF THE ORDER DATED 28.3.2017 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P20 TRUE PHOTOCOPY OF THE JUDGMENT DATED 07.6.2017 IN WP(C)NO,18891/2017.

EXHIBIT P21 TRUE PHOTOCOPY OF THE ORDER G.O(RT) NO,4414/2017/GEDN DATED 16.11.2017.

EXHIBIT P22 TRUE PHOTOCOPY OF THE JUDGMENT DATED 03.8.2018 IN WP(C)NO,41809/2017.

EXHIBIT P23 TRUE PHOTOCOPY OF THE JUDGMENT DATED 19.9.2014 IN WP(C)NO,20849/2013.

EXHIBIT P24 TRUE PHOTOCOPY OF THE REPLY DATED 22.10.2018 ISSUED BY THE HEADMISTRESS OF THE SCHOOL OF THE PETITIONER.

RESPONDENT'S EXHIBITS:

EXHIBIT R1        NIL

EXHIBIT R2        NIL

EXHIBIT R3        NIL

EXHIBIT R4        NIL

WP(C).No.38737 OF 2017(N) & con.case

EXHIBIT R5 NIL

EXHIBIT R5A A TRUE COPY OF THE RELIEVING ORDER DATED 30.08.2013.

EXHIBIT R5B A TRUE COPY OF THE REQUEST OF THE MANAGER DATED 30.08.2013.

EXHIBIT R5C A TRUE COPY OF THE RELEVANT PAGE OF THE TEACHERS ATTENDANCE REGISTER OF THE SCHOOL FOR THE MONTH OF AUGUST 2013.

EXHIBIT R5D A TRUE COPY OF THE REQUEST SUBMITTED UNDER RTI ACT BY T.M. BALAKRISHNAN ON 27.01.2018 AND THE REPLY DATED 05.03.2018.

EXHIBIT R5E A TRUE COPY OF THE LIST OF TEACHERS MAINTAINED BY THE SCHOOL DURING THE ACADEMIC YEAR 2014.

EXHIBIT R5F A TRUE COPY OF THE REQUEST DATED 19.07.2013.

EXHIBIT R5G A TRUE COPY OF THE REPLY RECEIVED UNDER THE RTI ACT DATED 31.08.2018.