Kerala High Court

Corporate School Manager vs State Of Kerala on 25 November, 2021

WP(C) NO. 29103 OF 2020        1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                    WP(C) NO. 29103 OF 2020
PETITIONER/S:

          CORPORATE SCHOOL MANAGER,
          CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS OF INDIA
          EVANGELICAL LUTHERAN CHURCH,KERALA SYNOD,ARCH BISHOP
          PALACE,CONDORDIA LUTHERAN MISSION
          COMPOUND,MANNAMMOOLA,PEROORKADA,
          THIRUVANANTHAPURAM-695005.
          REPRESENTED BY ITS MANAGER,REV.ADV.DR.ROBINSON DAVID
          LUTHER,MAJOR ARCH BISHOP,AGED 65 YEARS,S/O.DAVID.

          BY ADV CORPORATE SCHOOL MANAGER,(Party-In-Person)




RESPONDENT/S:



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

    2     THE DIRECTOR OF PUBLIC INSTRUCTION,
          OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION,JAGATHY,
          THIRUVANANTHAPURAM-695541.

    3     THE DEPUTY DIRECTOR OF EDUCATION,
          OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,KILLY
          PALAM,
          THIRUVANANTHAPURAM-695543.
 WP(C) NO. 29103 OF 2020           2



    4     THE DEPUTY DIRECTOR OF EDUCATION,
          OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,ALAPPUZHA-
          688001.

    5     THE DIRECTOR OF HIGHER SECONDARY EDUCATION,
          OFFICE OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION,
          THIRUVANANTHAPURAM-695001.

    6     THE REGIONAL DEPUTY DIRECTOR OF EDUCATION,
          OFFICE OF THE REGIONAL DEPUTY DIRECTOR OF EDUCATION,
          THIRUVANANTHAPURAM-695001.

    7     THE REGIONAL DIRECTOR OF EDUCATION,
          OFFICE OF THE REGIONAL DEPUTY DIRECTOR OF
          EDUCATION,ALAPPUZHA-688001.




          SMT NISHA BOSE, SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29103 OF 2020                3




                                 JUDGMENT

The petitioner claims that he is the Corporate School Manager of the

India Evangelical Lutheran Church, Kerala Synod (Kerala Major Archdiocese).

He contends that he had appointed one Sunilkumar S. as Peon in the Concordia

Lutheran High School, Peroorkada.

2. When the Headmaster of the School did not allow the aforesaid

Sunilkumar to join duty, he had approached this Court and had filed W.P.

(C)No.25098 of 2016. By Exhibit-P1 judgment dated 16.12.2016, this Court,

issued orders directing the Manager, Concordia Lutheran High School,

Peroorkada, to consider and pass orders on the representation filed by the

aforesaid Sunilkumar within a period of one month.

3. The petitioner contends that in tune with the directions issued by this

Court, Exhibit-P2 order was passed by the Corporate Manager. However, the

said order was forwarded by the petitioner to the concerned respondent, no

action has been taken. The petitioner also asserts that in his capacity as the

Manager of the Lutheran school, though various appointment orders, transfer

orders etc. were forwarded, the respondents 1 to 3 have not taken prompt

action on the same. It is in the afore circumstances that the petitioner is before

this Court seeking the following reliefs:

"(i) Issue a Writ of Mandamus or any other appropriate

Writ, Order or Direction, directing the Respondents 1, 2 and 3 to

approve Exhibit-P2 Order dated 4.3.2017 with retrospective effect,

passed by the petitioner in the capacity as the Corporate School

Manager of the India Evangelical Lutheran Curch, Kerala Synod

(Kerala Arch Diocese);

(ii) Issue a Writ of Mandamus or any other appropriate

Writ, Order or Direction, directing the Respondents to approve the

appointment orders/transfer orders/promotion orders/disciplinary

proceedings effected by the petitioner in his capacity as the

Corporate School Manager of the India Evangelical Lutheran

Church, Kerala Synod (Kerala Arch Diocese) as and when such

orders are passed."

4. The learned Government Pleader submitted that he has instructions

to submit that on 03.08.2012, the approval of the Managership of the Corporate

Management of the Lutheran Schools of India Evangelical Lutheran Church was

cancelled and a new Manager was appointed. It is further submitted that

though the petitioner has sought for a prayer that the respondents shall be

directed to approve the appointment orders/transfer orders/promotion

orders/disciplinary proceedings etc., except for raising such a contention, no

materials are placed before this Court.

5. I have considered the submissions advanced. To the query posted by

the Court as to whether any orders have been passed on Ext.P2, the learned

Government Pleader answered in the negative. Despite grant of sufficient

opportunities, statement/counter has not been filed in this case. There are no

materials before this Court to substantiate the contention of the learned

Government Pleader that the approval of the managership of the petitioner was

cancelled by order dated 3.8.2012. Now that Ext.P2 order passed pursuant to

orders issued by this Court is pending before the 3rd respondent, I am of the

view that this writ petition can be disposed of with directions to the 3rd

respondent to consider the same and take a decision in an expeditious manner.

As rightly submitted by the learned Government Pleader, though it is contended

by the petitioner that various appointment orders/transfer orders/promotion

orders/disciplinary proceedings etc. are pending before the Educational

authorities, no materials are produced before this Court to substantiate the

same.

6. Having regard to the facts and circumstances and the submissions

made across the Bar, there will be a direction to the 3rd respondent to take up,

consider and pass orders on Exhibit-P2, expeditiously, in any event, within a

period of two months after affording an opportunity of being heard to the

petitioner as well as the affected parties.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

DSV

APPENDIX OF WP(C) 29103/2020

PETITIONER (S) EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 16.12.2016 IN WP(C)NO.25098/2016 OF THIS HON'BLE COURT.

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE PETITIONER DATED 4.3.2017

EXHIBIT P3 TRUE COPY OF THE LETTER DATED 4.3.2017 OF THE 1ST RESPONDENT

EXHIBIT P4 TRUE COPY OF THE CIRCULAR NO.201/2017 DATED 12.2.2017 ISSUED BY THE PETITIONER.

EXHIBIT P5 TRUE COPY OF THE LIST OF SCHOOLS OF THE PETITIONER.

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 2.3.2012 OF THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 17.08.2015 IN OP(C)NO.1999 OF 2015(0) OF THIS HON'BLE HIGH COURT.

EXHIBIT P8 TRUE COPY OF THE ORDER DATED 16.12.2015 IN I.A.NO.1868 OF 2014 IN OS NO.2299 OF 2014 OF THE LEARNED PRINCIPAL MUNSIFF COURT OF THIRUVANANTHAPURAM.

EXHIBIT P9 TRUE COPY OF THE DECREE DATED 03.07.2012 IN O.S.NO.534/2012 OF THE LEARNED SECOND ADDITIONAL MUNSIFF COURT, NEYYATTINKARA.

EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 12.12.2014 IN O.P.(C)NO.2969 OF 2014 (0) OF THIS HONOURABLE HIGH COURT.

EXHIBIT P11 TRUE COPY OF THE ORDER DATED 20.12.2014 IN IA NO.7980 OF 2014 IN O.S.NO.1856 OF 2014 OF THE LEARNED SECOND ADDITIONAL MUNSIFF COURT OF THIRUVANANTHAPURAM.

EXHIBIT P12 TRUE COPY OF THE JUDGMENT DATED 30.07.2016 IN C.M.A.NO.7 OF 2015 OF THE LEARNED ADDITIONAL DISTRICT COURT II OF THIRUVANANTHAPURAM.

EXHIBIT P13 TRUE COPY OF THE JUDGMENT DATED 03.04.2017 IN REVIEW PETITION R.P.NO.291 OF 2017 OF THIS HONOURABLE HIGH COURT.

RESPONDENT (S) EXHIBITS : NIL