Lakshmi M.P vs The State Of Kerala
2021 Latest Caselaw 9825 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                       WP(C).No.3830 OF 2021(C)


PETITIONER:


               LAKSHMI M.P.,
               AGED 41 YEARS
               WIFE OF M ANILKUMAR,
               HST (PHYSICAL SCIENCE), B. NARAYANA VILASAM
               VOCATIONAL AND HIGHER SECONDARY SCHOOL,
               THIRUVALLAM, THIRUVANANTHAPURAM DISTRICT-695027.

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

RESPONDENTS:


      1        THE STATE OF KERALA
               REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
               GENERAL EDUCATIONAL DEPARTMENT, SECRETARIAT
               ANNEXE II, THIRUVANANTHAPURAM-695001.

      2        THE DIRECTOR OF GENERAL EDUCATION
               JAGATHY, THIRUVANANTHAPURAM-695014.

      3        THE DEPUTY DIRECTOR OF EDUCATION
               THIRUVANANTHAPURAM-695036.

      4        THE DISTRICT EDUCAITONAL OFFICER
               THRUVANANTHAPURAM DISTRICT-695001.

      5        THE MANAGER
               B NARAYANA VILASAM VOCATIONAL AND HIGHER SECONDARY
               SCHOOL, THIRVALLAM,
               THIRUVANANTHAPURAM DISTRICT-695027.

      6        THE PRINCIPAL
               B NARAYANA VILASAM VOCATIONAL AND HIGHER SECONDARY
               SCHOOL, THIRUVALLAM,
               THIRUVANANTHAPURAM DISTRICT-695027.
 WP(C).No.3830 OF 2021 & 24217 OF 2020

                                    2

       7      SRI N R VISHNU
              HSA (PHYSICAL SCIENCE), VHSS FOR GIRLS,
              THIRUVALLAM, THIRUVANANTHAPURAM DISTRICT-695027.

              R7 BY ADV. SHRI.ASIF N
              R7 BY ADV. SMT.BINDU SREEDHAR
              R7 BY ADV. SHRI.RAMABHADRAN K.
              SMT.NISHA BOSE, SR. GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, ALONG WITH WP(C).24217/2020(B), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3830 OF 2021 & 24217 OF 2020

                                    3


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                      WP(C).No.24217 OF 2020(B)

PETITIONER:
               VISHNU N.R.,
               AGED 29 YEARS, KUTTIKKATTU VEEDU, PONNAMBI,
               VELLARADA P.O., THIRUVANANTHAPURAM-695505.
               BY ADVS.
               SHRI.ASIF N
               SMT.BINDU SREEDHAR
               SHRI.RAMABHADRAN K.

RESPONDENTS:
       1       STATE OF KERALA,
               REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION
               DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001.
       2       DIRECTOR OF GENERAL EDUCATION,
               OFFICE OF DIRECTOR OF GENERAL EDUCATION, JAGATHI,
               THIRUVANANTHAPURAM-695014.
       3       DISTRICT EDUCATION OFFICER,
               OFFICE OF THE DISTRICT EDUCATION OFFICER, STATUE,
               THIRUVANANTHAPURAM-695001.
       4       THE MANAGER,
               B.N.V. VOCATIONAL AND HIGHER SECONDARY SCHOOL,
               THIRUVALLAM, THIRUVANANTHAPURAM-695027.
       5       SMT. M.P. LAKSHMI,
               PLOT NO.46, ASWATHY GARDENS, AMBALATHARA,
               POONTHURA P.O., THIRUVANANTHAPURAM-695026.
               SRI.T RAJASEKHARAN NAIR, SR.GP
               R4 BY ADV. SRI.V.A.MUHAMMED
               R4 BY ADV. SRI.M.SAJJAD

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, ALONG WITH WP(C).3830/2021(C), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(C).No.3830 OF 2021 & 24217 OF 2020

                                    4



                              JUDGMENT

[ WP(C).3830/2021, WP(C).24217/2020 ]

Dated this the 24th day of March 2021

The challenge raised in these writ petitions is with regard to the

shifting of the petitioner in W.P.(C).No.24217/2020 from a regular

vacancy to a leave vacancy. It is submitted by the learned counsel

appearing for the petitioners that the petitioner in W.P.(C).

No.24217/2020 was appointed in a regular vacancy of HSA (Physical

Science) with effect from 05.07.2016. The appointment was approved

and probation declared. However, it is submitted that on the ground

that the 5th respondent, an approved teacher is liable to be

accommodated in the vacancy to which the petitioner was appointed,

the petitioner was shifted to a leave vacancy and the 5 th respondent

was accommodated in the regular vacancy. It is submitted that the

petitioner had preferred Ext.P6 appeal before the DEO and that the

same has not been considered.

2. W.P.(C).No.3830/2021 has been filed by the 5th respondent in

W.P.(C).No.24217/2020. The substantial prayer in the said writ petition WP(C).No.3830 OF 2021 & 24217 OF 2020

is a challenge against Exts.P4 and P4(a) appointment of the petitioner

in W.P.(C).No.24217/2020 and for a consideration of Ext.P6 revision

petition preferred by the petitioner before the DGE. It is submitted

that a hearing has been conducted on Ext.P6 revision petition.

3. Having heard the learned counsel appearing on all sides, I notice

that the issue is with regard to the filling up of the post in the year

2016-17. In view of the fact that the petitioner in W.P.(C).No.3830/2021

has already approached the DGE with Ext.P6 revision petition, I am of

the opinion that the entire issue is liable to be considered in

accordance with law in the said revision petition.

4. There will, accordingly, be a direction to the 2nd respondent-DGE

to take up Ext.P6 revision petition preferred by the petitioner in W.P.

(C).No.3830/2021 as well as the appeal submitted by the petitioner in

W.P.(C).No.24217/2020 before the DEO and to pass appropriate orders

thereon after hearing all parties afresh including the petitioners in

the writ petitions, the Manager and any other affected teachers.

Orders shall be passed after hearing the parties, through any

appropriate means, including by video conferencing, within a period WP(C).No.3830 OF 2021 & 24217 OF 2020

of three months from the date of receipt of a copy of this judgment.

The petitioner in W.P.(C).No.24217/2020 shall be permitted to make a

representation before the DGE pointing out his contentions. Orders

shall be passed after considering the contentions as well.

These writ petitions are ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.3830 OF 2021 & 24217 OF 2020

APPENDIX OF WP(C) 3830/2021 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 05.06.2006.

EXHIBIT P2 TRUE COPY OF THE GO (RT) NO. 4526/10/G.EDN DATED 21.10.2010.

EXHIBIT P2(A) TRUE COPY OF THE GO (RT) NO. 1348/12/G.EDN DATED 20..30.2012.

EXHIBIT P2(B) TRUE COPY OF THE GO (RT) NO. 5733/14/G.EDN DATED 27.12.2014.

EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.08.2009.

EXHIBIT P3(A) TRUE COPY OF THE ORDER NO. B(4)/7317/2015/ DEO/D.DIS DATED 16.02.2017 ISSUED BY THE DEO, THIRUVANANTHAPURAM.

EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER OF THE 7TH RESPONDENT DATED 05.07.2016.

EXHIBIT P4(A) TRUE COPY OF THE APPROVAL GRANTED TO EXHIBIT P-4 VIDE ORDER NO. B(4)/6181/2016/ DEO/DIS DATED 02.08.2017 ISSUED BY THE DEO, THIRUVANANTHAPURAM.

EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS OF THE MANAGER VIDE ORDR NOS. 3-106/2020 DATED 01.06.2020.

EXHIBIT P5(A) TRUE COPY OF THE PROCEEDINGS OF THE MANAGER VIDE ORDR NOS. 3-107/2020 DATED 01.06.2020.

EXHIBIT P6 TRUE COPY OF THE REVISION PETITION DATED 10.12.2020 FILED BY THE PETITIONER BEFORE THE DIRECTOR.

RESPONDENT'S/S EXHIBITS: NIL WP(C).No.3830 OF 2021 & 24217 OF 2020

APPENDIX OF WP(C) 24217/2020 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 PHOTOCOPY OF THE APPOINTMENT ORDER UNDER RULE XIV A RULE 7 DATED 05/07/2016 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P2 PHOTOCOPY OF THE SALARY SLIP FOR THE MONTH OF JUNE, JULY AND AUGUST 2020.

EXHIBIT P3 PHOTOCOPY OF THE ORDER NO.3-106/2020 DATED 01/06/2020 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P4 PHOTOCOPY OF THE ORDER NO.3-107/2020 DATED 01/06/2020 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P5 PHOTOCOPY OF THE REPORT OF THE 5TH RESPONDENT DATED 09/09/2020 GENERATED FROM GENERAL EDUCATION DEPARTMENT.

EXHIBIT P6 PHOTOCOPY OF THE APPEAL DATED 17/10/2020 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P7 PHOTOCOPY OF THE DEGREE CERTIFICATE DT.

06/01/2011 ISSUED BY THE UNIVERSITY OF KERALA TO THE 5TH RESPONDENT

EXHIBIT P8 PHOTOCOPY OF THE APPLICATION FILED UNDER RTI ACT DT. 16/11/2020

EXHIBIT P9 PHOTOCOPY OF THE REPLY ISSUED BY THE 3RD RESPONDENT UNDER RTI ACT.

RESPONDENT'S/S EXHIBITS:

EXHIBIT R3(a) TRUE COPY OF GOVT. LETTER NO.70220/A3/ 2011/G.EDN. DATED 18.09.2012

EXHIBIT R3(b) TRUE COPY OF G.O.(P)NO.165/2008/G.EDN.

DATED 19.09.2008

EXHIBIT R4(a) TRUE COPY OF G.O.(MS)NO.141/88/G.EDN. DATED 13.09.1988

EXHIBIT R4(b) TRUE COPY OF THE APPOINTMENT ORDER OF THE 5TH RESPONDENT DATED 31.10.2008 ALONG WITH APPROVAL WP(C).No.3830 OF 2021 & 24217 OF 2020

EXHIBIT R4(c) TRUE COPY OF THE APPOINTMENT ORDER OF THE 5TH RESPONDENT DATED 01.08.2009

EXHIBIT R4(d) TRUE COPY OF THE ORDER NO.B(4)/7317/2015/ DEO/D.DIS DATED 16.02.2017 ISSUED BY THE DEO, THIRUVANANTHAPURAM

EXHIBIT R4(e) TRUE COPY OF G.O.(MS)NO.227/2009/G.EDN.

DATED 25.11.2009

EXHIBIT R4(f) TRUE COPY OF G.O.(RT)NO.3568/2019/G.EDN.

DATED 04.09.2019