Sheeja V.R vs The State Of Kerala
2021 Latest Caselaw 8475 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942

                       WP(C).No.6530 OF 2021(M)


PETITIONER:

               SHEEJA V.R.
               AGED 43 YEARS, WIFE OF SURESH BABU,
               UPST, AUP SCHOOL, CHEERAL,
               SULTHAN BATHERY, WAYANAD DISTRICT-673 595

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

RESPONDENTS:

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

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

      3        THE DISTRICT EDUCATIONAL OFFICER,
               WAYANAD AT KALPETTA-673 121

      4        THE ASSISTANT EDUCATIONAL OFFICER,
               SULTHAN BATHERY, WAYANAD DISTRICT-673 592

      5        THE MANAGER,
               AUP SCHOOL, CHEERAL,
               WAYANAD DISTRICT-673 595

               T. RAJASEKHARAN NAIR, SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6530 OF 2021

                                          2



                                  JUDGMENT

Dated this the 15th day of March 2021

This writ petition is filed seeking the following reliefs :-

"i) call for the records relating to Exhibits P-2, P-4, P-6, P-8, P-10 and P-12 and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.

ii) issue a writ of mandamus or other appropriate writ order or direction commanding the Respondents to set apart the 2 posts which were filled up by earlier incumbents, they being regular posts and order approval to the appointment of the Petitioner effective from 12.06.2018.

iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondents to consider and pass orders on Exhibit P-13 within a time limit and with and notice to the Petitioner."

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 in the 5 th respondent's school in a

retirement vacancy which arose on 01.05.2018 with effect from

12.06.2018. It is submitted that on the ground that Ext.P14

Government Order had been passed with regard to an earlier

appointment made in the academic year 2014-2015 and since there WP(C).No.6530 OF 2021

was a criminal case pending against the said appointee, the approval

for the petitioner's appointment has not been considered. It is

submitted that the Manager has approached the Government seeking

a consideration for approval of the petitioner's appointment which is

made in a regular retirement vacancy dehors the contention that the

earlier appointment of Joby Joseph is liable to be approved before the

petitioner's approval can be taken up for consideration.

4. The learned Government Pleader submits that since the

appointment of Joby Joseph in an earlier vacancy as UPST is pending

consideration due to the pendency of a criminal case against him, it is

only after the said appointment is approved that the petitioner's claim

for approval can be considered.

5. Having heard the learned counsel on either side and having

considered the contentions advanced, I find that the petitioner had

been appointed in a retirement vacancy on 12.06.2018. The reason

stated for the non approval of the earlier appointment of Joby Joseph

is that there is a criminal case pending against him. Joby Joseph

apparently had been appointed as UPST in a vacancy which arose in WP(C).No.6530 OF 2021

the academic year 2014-15. The approval or otherwise of the said

person's appointment can have no impact on the petitioner's

appointment which was made in a retirement vacancy in the year

2018-19.

6. In the above view of the matter and in view of the fact that the

Manager has approached the Government with Ext.P13 request, I am

of the opinion that the issue with regard to the approval of the

petitioner's appointment from 12.06.2018 is liable to be considered

without reference to the contention that Joby Joseph's appointment is

to be approved first.

7. In the result, this writ petition is disposed of directing the 1 st

respondent to take a decision on Ext.P13 representation preferred by

the Manager, with notice to the Manager as well as the petitioner and

after hearing them, through any appropriate means, including

through video conferencing. Since the petitioner's appointment is

against a clear retirement vacancy, the question whether Joby

Joseph's appointment is liable to be approved or not should not stand

in the way of consideration of Ext.P13 request. Orders shall be passed WP(C).No.6530 OF 2021

within a period of three months from the date of receipt of a copy of

this judgment. In case the appointment is found liable to be approved,

the monetary benefits shall also be released to the petitioner within a

period of three months thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.6530 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 12.06.2018

EXHIBIT P1(A) TRUE COPY OF THE COVERING LETTER OF THE MANAGER ADDRESSING THE AEO, SULTHAN BATHERY DATED 12.06.2018

EXHIBIT P2 TRUE COPY ORDER NO.D/2606/2018/K.DIS DATED 17.09.2018 OF THE AEO, SULTHAN BATHERY

EXHIBIT P3 TRUE COPY OF THE SAID APPEAL MEMORANDUM SUBMITTED BY THE MANAGER BEFORE THE DEO, KALPETTA DATED 06.10.2018

EXHIBIT P4 TRUE COPY OF THE ORDER NO.B4/6490/2018 DATED 21.12.2018 OF THE DEO, WAYANAD

EXHIBIT P5 TRUE COPY OF THE APPEAL SUBMITTED BY THE MANAGER BEFORE THE DIRECTOR DATED NIL

EXHIBIT P6 TRUE COPY OF THE ORDER NO.G5/9635/2019/DGE/ K.DIS DATED 15.09.2020 OF THE ADDITIONAL DIRECTOR

EXHIBIT P7 TRUE COPY OF THE LETTER OF THE MANAGER ADDRESSING THE AEO, SULTHAN BATHERY DATED 28.03.2019

EXHIBIT P8 TRUE COPY OF THE ORDER NO.D/1770/2019/K.DIS DATED 16.04.2019 OF THE AEO, SULTHAN BATHERY

EXHIBIT P9 TRUE COPY OF THE APPEAL MEMORANDUM SUBMITTED BY THE MANAGER BEFORE THE DEO, WAYANAD DATED 08.05.2019

EXHIBIT P10 TRUE COPY OF THE ORDER NO.B4/2821/2019 DATED 02.08.2019 OF THE DEO, WAYANAD

EXHIBIT P11 TRUE COPY OF THE APPEAL SUBMITTED BY THE MANAGER BEFORE THE DIRECTOR DATED 19.02.2019

EXHIBIT P12 TRUE COPY OF THE ORDER NO.G5/2497/2019/DGE/ K.DIS DATED 11.11.2019 OF THE ADDITIONAL DIRECTOR WP(C).No.6530 OF 2021

EXHIBIT P13 TRUE COPY OF THE REVISION SUBMITTED BY THE MANAGER BEFORE THE GOVERNMENT DATED 14.12.2019

EXHIBIT P14 TRUE COPY OF THE G.O(RT) NO.3443/2020/G.EDN DATED 28.12.2020

RESPONDENT'S/S EXHIBITS: NIL