Abdul Mahin Rasheed vs The State Of Kerala
2021 Latest Caselaw 22828 Ker

WP(C) NO. 26102 OF 2021       1




            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
                    WP(C) NO. 26102 OF 2021
PETITIONERS:

    1      ABDUL MAHIN RASHEED,
           AGED 30 YEARS
           SON OF K K ABDUL SALAM,
           LOWER PRIMARY SCHOOL TEACHER, LAJNATHUL MUHAMMADIYA
           L P SCHOOL, CIVIL STATION WARD, ALAPPUZHA-688 001.

    2      SULFATH P S.,
           LOWER PRIMARY SCHOOL TEACHER, LAJNATHUL MUHAMMADIYA
           L P SCHOOL, CIVIL STATION WARD, ALAPPUZHA-688 001.

    3      SAHEERA A,
           LOWER PRIMARY SCHOOL TEACHER, LAJNATHUL MUHAMMADIYA
           L P SCHOOL, CIVIL STATION WARD, ALAPPUZHA-688 001.

    4      SAJNA K.,
           LOWER PRIMARY SCHOOL TEACHER, LAJNATHUL MUHAMMADIYA
           L P SCHOOL, CIVIL STATION WARD, ALAPPUZHA-688 001.

    5      SAIJU A.,
           LOWER GRADE ARABIC TEACHER, LAJNATHUL MUHAMMADIYA L
           P SCHOOL, CIVIL STATION WARD, ALAPPUZHA-688 001.

           BY ADVS.
           V.A.MUHAMMED
           M.SAJJAD



RESPONDENTS:

    1      THE STATE OF KERALA
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
           EDUCTION DEPARTMENT, SECRETARIAT ANNEXE II,
           THIRUVANANTHAPURAM-695 001.
 WP(C) NO. 26102 OF 2021           2



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

     3    THE DEPUTY DIRECTOR OF EDUCATION,
          KODIVEEDU, ALAPPUZHA-688 001.

     4    THE DISTRICT EDUCATIONAL OFFICER,
          MEDICAL COLLEGE JUNCTION, ALAPPUZHA-688 005.

     5    THE ASSISTANT EDUCATIONAL OFFICER,
          CIVIL STATION, ALAPPUZHA-688 011.

     6    THE MANAGER,
          LAJNATHUL MUHAMMADIYA L P SCHOOL,

          ALAPPUZHA- 688 012.

     7    THE HEAD MASTER,
          LAJNATHUL MUHAMMADIYA L P SCHOOL,

          ALAPPUZHA-688 012.



             SMT NISHA BOSE SR GovERNMENT PLEADER




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   23.11.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 26102 OF 2021                3




                                  JUDGMENT

The case of the petitioners is that Lajnathul Muhammadiya LPSchool,

an aided school under the management of the 6th respondent was originally

categorised as an uneconomic school. In view of the above, the

appointment of the petitioners 1 to 3 as LPSA which was against the regular

vacancy was approved only on a daily wage basis. Petitioners 4 and 5 on

the other hand were appointed against retirement vacancy. The case of the

petitioners is that during the academic year 2021, student strength

increased and as per which the school became an economic school. They

contend that the salary of the petitioners is not being paid since 2020.

Being aggrieved by the refusal on the part of the educational authorities in

approving their appointment, the petitioners are stated to have preferred

Ext.P22 revision petition before the Government. Their contention is that

they are entitled to be regularised on a scale of pay basis. It is in the afore

circumstances, the writ petition is filed seeking directions.

2. When this matter came up for consideration, Sri. M.Sajjad, the

learned counsel appearing for the petitioners submitted that in view of the

pendency of Ext.22, the petitioners would be satisfied if directions are issued

to the 1st respondent to consider and pass orders on Ext.P22 revision

petition within a timeframe and with due notice.

3. I have heard Smt. Nisha Bose, the learned Senior Government

Pleader as well.

4. In view of the nature of the order that I propose to pass, notice

to the respondents 6 and 7 is dispensed with.

5. After having carefully evaluated the contentions raised in this

writ petition, the submissions made across the Bar and the facts and

circumstances, I am of the view that this writ petition can be disposed of at

the admission stage itself by issuing the following directions:

a) There will be a direction to the 1st respondent to take up,

consider and pass appropriate orders on Ext.P22 revision

petition as per procedure and in adherence to the provisions of

law, after affording an opportunity of being heard, either

physically or virtually, to the petitioners herein or their

authorised representative as well as respondents 6 and 7.

b) Orders, as directed above, shall be passed expeditiously, in any

event, within a period of three months from the date of

production of a copy of this judgment.

c) It would be open to the petitioners to produce a copy of the writ

petition along with the judgment before the concerned

respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE IAP

APPENDIX OF WP(C) 26102/2021

PETITIONERS' EXHIBITS:

Exhibit P1 TRUE COPY OF THE ORDER OF THE DIRECTOR OF PUBLIC INSTRUCTION NO. F3/126498/ (E)/2019/DPI/K. DIN DATED 01.06.2019.

Exhibit P2 TRUE COPY OF THE ORDER NO.

D/632/2019/K.DIS. DATED 06.09.2019 OF THE AEO, ALAPPUZHA.

Exhibit P3 TRUE COPY OF THE ORDER NO.

B5/13335/2019/K.DIS. DATED 23.07.2019 OF THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA.

Exhibit P4 TRUE COPY OF THE STAFF FIXATION ORDER NO.

D. DIS/D/48841/2019 DATED 14.07.2019 OF THE ASSISTANT EDUCATIONAL OFFICER ALAPPUZHA FOR THE ACADEMIC YEAR 2019-20.

Exhibit P5 TRUE COPY OF THE ORDER OF THE ASSISTANT EDUCATIONAL OFFICER NO. D/8165/2019 / DATED 31.12.2019 WITH RESPECT TO THE IST PETITIONER.

Exhibit P6 TRUE COPY OF THE ORDER NO. D/8167/2019 DATED 01.01.2020 OF THE AEO, WITH RESPECT TO THE 2ND PETITIONER.

Exhibit P7 TRUE COPY OF THE ORDER NO. DI/8166/2019 DATED 01.01.2020 OF THE AEO, WITH RESPECT TO THE 3RD PETITIONER.

Exhibit P8 TRUE COPY OF THE 6TH WORKING DAY STRENGTH FOR THE ACADEMIC YEAR 2020-21.

Exhibit P9 TRUE COPY OF THE 6TH WORKING DAY STRENGTH DURING THE ACADEMIC YEAR 2021-22.

Exhibit P10 TRUE COPY OF THE CIRCULAR NO.

13402/J2/12/G.EDN. DATED 10.05.2012.

Exhibit P11 TRUE COPY OF THE CIRCULAR NO.

58604/J2/12/G.EDN. DATED 06.11.2012 OF THE GOVERNMENT.

Exhibit P12 TRUE COPY OF THE CIRCULAR NO.

H2/25700/2015/G.EDN. DATED 03.05.2016 OF THE 2ND RESPONDENT.

Exhibit P13 TRUE COPY OF THE CIRCULAR NO.

631703/J2/16/G.EDN. DATED 01.08.2016 OF THE IST RESPONDENT.

Exhibit P14 TRUE COPY OF THE CIRCULAR NO.

951951/J2/16/G.EDN. DATED 09.11.2016 OF THE IST RESPONDENT AND THE ENDORSEMENT OF THE DIRECTOR VIDE NO.H2/35985/16/DPI DATED 11.11.2016 THEREON.

Exhibit P15 TRUE COPY OF THE GO(P) NO.28/2021/G.EDN.

DATED 22.01.2021.

Exhibit P16 TRUE COPY OF THE G.O.(P)NO.

3287/2021/G.EDN. DATED 06.07.2021.

Exhibit P17 TRUE COPY OF THE LETTER NO.

H2/8499/2020/DGE DATED 28.10.2020.

Exhibit P17 (A) TRUE COPY OF THE GOVERNMENT LETTER NO.

L2/203/2019 G.EDN. DATED 11.08.2021.

Exhibit P17 (B) TRUE COPY OF THE GO (P) NO. 4/2021/G.EDN.

DATED 06.02.2021.

Exhibit P18 TRUE COPY OF THE APPOINTMENT ORDER OF THE 4TH PETITIONER DATED 02.06.2020.

Exhibit P19 TRUE COPY OF THE APPOINTMENT ORDER OF THE 5TH PETITIONER DATED 02.06.2020.

Exhibit P20 TRUE COPY OF THE APPOINTMENT PROPOSAL SUMMITED WITH RESPECT TO THE 4TH PETITIONER WITH EFFECT FROM 16.07.2021.

Exhibit P21 TRUE COPY OF THE APPOINTMENT PROPOSAL SUBMITTED WITH RESPECT TO THE 5TH PETITIONER WITH EFFECT FROM 16.07.2021.

Exhibit P22 TRUE COPY OF THE REVISION PETITION DATED 4.11.2021

RESPONDENTS' EXHIBITS:

NIL