Kerala High Court
Smt.Jalajakumari G vs The State Of Kerala Represented By ... on 22 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943
WP(C).No.26092 OF 2009(F)
PETITIONER:
SMT.JALAJAKUMARI G.
NAKKARAMALAYIL HOUSE, PUTHENPURAYIL,, OTHARA P.O.,
PATHANAMTHITTA DISTRICT,, (U.P.S.A. ST.JOHN'S HIGHER
SECONDARY SCHOOL,, ERAVIPEROOR P.O., THIRUVALLA).
SRI.K.GOPALAKRISHNA KURUP (SR.)
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE
SECRETARY TO GENERAL EDUCATION, GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM.
2 DISTRICT EDUCATIONAL OFFICER
THIRUVALLA.
3 MANAGER, ST.JOHNS HIGHER SECONDARY
SCHOOL, ERAVIPEROOR P.O., THIRUVALLA,, PATHANAMTHITTA
DISTRICT.
4 THE DEPUTY DIRECTOR OF EDUCATION
PATHANAMTHITTA AT THIRUVALLA, OFFICE OF THE DEPUTY
DIRECTOR OF EDUCATION, THIRUVALLA.
5 SUJA PHILIP
TEACHER, ST.JOHN'S HIGHER SECONDARY SCHOOL,,
ERAVIPEROOR.
SRI.P.M.MANOJ, SR.G.P.
SRI.P.C.SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.03.2021, ALONG WITH WP(C).28873/2013(H), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).No.26092 OF 2009(F)
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943
WP(C).No.28873 OF 2013
PETITIONER:
SMT.JALAJAKUMARI G, AGED 46 YEARS
NAKKARAMALAYIL HOUSE, PUTHENPURAYIL, OTHARA P.O.,
PATHANAMTHITTA DISTRICT.(U.P.S.A. ST.JOHN'S HIGHER
SECONDARY SCHOOL,ERAVIPEROOR P.O., THIRUVALLA).
SRI.K.GOPALAKRISHNA KURUP (SR.)
SRI.S.MANU
RESPONDENTS:
1 STATE OF KERALA
REP. BY SECRETARY TO GENERAL EDUCATION,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 1.
2 THE DEPUTY DIRECTOR OF EDUCATION
PATHANAMTHITTA AT THIRUVALLA, OFFICE OF THE DEPUTY
DIRECTOR OF EDUCATION, THIRUVALLA.
3 DISTRICT EDUCATIONAL OFFICER, THIRUVALLA.
4 MANAGER, ST.JOHN'S HIGHER SECONDARY SCHOOL,
ERAVIPEROOR P.O., THIRUVALLA, PATHANAMTHITTA
DISTRICT PIN - 689542
SRI.P.M.MANOJ, SR.G.P.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.03.2021, ALONG WITH WP(C).26092/2009(F), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.26092 OF 2009(F)
3
JUDGMENT
Dated this the 22nd day of March 2021
The petitioner in these two writ petitions has approached
this Court seeking reliefs which are inherently linked to her
grievance of reversion to the post of UPSA in the academic
year 2007-08. The challenge to the reversion is pending before
this Court in W.P.(C) No.2854/2009.
2. Today, I have commenced hearing of W.P.(C)
No.2854/2009 and the learned senior counsel
Sri.Gopalakrishna Kurup, instructed by Sri.S.Manu appearing
for the petitioner, conceded that the issues in these two writ
petitions may not be now relevant because his client has
already been appointed to a subsequent vacancy, reckoning her
as a claimant under Rule 51A of Chapter XIVA of the KER.
3. When I examine the issues impelled in these writ
petitions, juxtaposed by those in W.P.(C) No.2854/2009, it is
evident that any decision to be taken by this Court in the latter
writ petition would certainly deal with all the issues that are
projected in these these two cases.
WP(C).No.26092 OF 2009(F)
4. I am, therefore, of the view that it will not be necessary
to keep these two writ petitions pending any longer and I am
certain that the petitioner can be given liberty to urge and
raise all contentions in W.P.(C) No.2854/2009.
In the afore circumstances, I close these writ petitions
without any further orders and leave liberty to the petitioner to
urge all the contentions raised herein also, if so necessary,
when W.P.(C) No.2854/2009 is disposed of.
Sd/- DEVAN RAMACHANDRAN
Stu JUDGE
WP(C).No.26092 OF 2009(F)
APPENDIX OF WP(C) 26092/2009
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITIONER'S APPOINTMENT ORDER
DATED 05/06/2000 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE 2ND
RESPONDENT DATED 23/12/2007 FIXING THE DIVISIONS
AND STAFF IN THE 3RD RESPONDENT'S SCHOOL FOR THE
ACADEMIC YEAR 2007-2008.
EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS OF THE 3RD
RESPONDENT DATED 17/01/2008.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 04/04/2008.
EXHIBIT P5 TRUE COPY OF THE ORDER GO(RT) NO.243/09/G.EDN.
DATED 16/01/2009.
EXHIBIT P6 TRUE COPY OF THE APPOINTMENT ORDER DATED
24/06/2008.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 27/06/2009 BY THE
4TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 10/10/2008.
EXHIBIT P9 TRUE COPY OF THE ORDER DATED 28/01/2009 IN WPC
NO.2854/2009.
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 27/02/2009 IN WPC
NO.2854/2009.
WP(C).No.26092 OF 2009(F)
APPENDIX OF WP(C) 28873/2013
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITIONERS APPOINTMENT ORDER
DATED 5.6.2000 ISSUED BY THE 3RD RESPONDENT
EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE 2ND
RESPONDENT DATED 23.12.2007 FIXING THE DIVISIONS
AND STAFF IN THE 3RD RESPONDENT'S SCHOOL FOR THE
ACADEMIC YEAR 2007-2008.
EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS OF THE 3RD
RESPONDENT DATED 17.1.2008
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 4.4.2008
EXHIBIT P5 TRUE COPY OF THE ORDER G.O(RT) NO.243/09/G.EDN
DATED 16.1.2009
EXHIBIT P6 TRUE COPY OF THE APPOINTMENT ORDER DATED
24.6.2008
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 27.6.2009 PASSED BY
THE RESPONDENT NO.2
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 10.10.2008 PASSED BY
THE RESPONDENT NO.3
EXHIBIT P9 TRUE COPY OF THE ORDER DATED 28.1.2009 IN WPC
NO.2854/2009
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 27.2.2009 IN WPC
NO.2854/2009
EXHIBIT P11 TRUE COPY OF THE ORDER DATED 20.10.2009 IN WPC
NO.26092/2009
EXHIBIT P12 TRUE COPY OF THE ORDER DATED 24.6.2008 CONTAINING
THE ORDER OF APPROVAL BY THE RESPONDENT NO.3
EXHIBIT P13 TRUE COPY OF THE ORDER DATED 24.6.2013 BY THE
ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTION
(GENERAL).
WP(C).No.26092 OF 2009(F)
EXHIBIT P14 TRUE COPY OF THE PROCEEDINGS OF THE 4TH
RESPONDENT DATED 9.10.2010
EXHIBIT P15 TRUE COPY OF THE ORDER DATED 1.8.2013 OF THE
OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION
EXHIBIT P16 TRUE COPOY OF THE ORDER DATED 12.1.2012 OF THE
RESPONDENT NO.3
EXHIBIT P17 TRUE COPY OF THE ORDER DATED 27.8.2013 ISSUED BY
THE 3RD RESPONDENT
EXHIBIT P18 TRUE COPY OF THE ORDER DATED 24.8.2013
EXHIBIT P19 TRUE COPY OF THE LETTER DATED 27.9.2013 ISSUED BY
THE 3RD RESPONDENT
EXHIBIT P20 TRUE COPY OF THE LETTER DATED 12.11.2013 ISSUED
BY THE 3RD RESPONDENT.
RESPONDENT'S EXHIBITS:
EXHIBIT R3(A) TRUE COPY OF THE LETTER NO.57/13-14 DATED
09.09.2013 OF THE HEADMISTRESS, ST.JOHN'S
ERAVIPEROOR.
