Lovely Joseph vs The State Of Kerala
2021 Latest Caselaw 21479 Ker

WP(C) NO. 23620 OF 2021           1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                    WP(C) NO. 23620 OF 2021
PETITIONER/S:

          LOVELY JOSEPH,
          AGED 45 YEARS,
          WIFE OF SHAIJU JACOB, PHYSICAL EDUCATION TEACHER,
          ST. XAVIER'S HIGH SCHOOL, MITHRAKARY P.O.,
          MITHRAKARY, ALAPPUZHA DISTRICT 689 598. (RESIDING AT
          KIZHAKKEPARAMBIL, MOOLAMKUNNAM P.O. KURISUMMODU,
          CHANGANACHERRY, KOTTAYAM DISTRICT 686 104.

          BY ADVS.
          V.A.MUHAMMED
          V.RAJASEKHARAN NAIR


RESPONDENT/S:
     1    THE STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
          EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II ,
          THIRUVANANTHAPURAM 695 001.

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

    3     THE DEPUTY DIRECTOR OF EDUCATION,
          CIVIL STATION, ALAPPUZHA 688 001.

    4     THE DISTRICT EDUCATIONAL OFFICER,
          KUTTANADU AT RAMANKARY, ALAPPUZHA DISTRICT 689 595.

    5     THE CORPORATE MANAGER,
          CORPORATE MANAGEMENT SCHOOL, ARCH DIOCESE OF
          CHANGANACHERRY, CHANGANACHERRY, KOTTAYAM DISTRICT
          686 105.

          SMT NISHA BOSE, SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23620 OF 2021                2




                                 JUDGMENT

The petitioner states that she commenced her continuous approved

service as Physical Education Teacher from 02.06.2004 onwards against a

regular vacancy in St.Thomas High School, Amboori, an aided School under the

Corporate Management of the 5th respondent. The petitioner contends that

by Ext.P8 order, the 4th respondent has rejected the lien adjustment for non-

compliance of the directions of the DGE in Ext.P5 order. Later, by Ext.P9

order, the DEO has rejected the retention of the petitioner against the new

post in Little Flower High School, Kavalam on the ground that new post should

be filled up with protected teachers as provided in Rule 7(2) of Chapter XXI of

KER. It is contended that the petitioner was transferred and posted to St.

Xavier's High School, Mithrakaty from 1.4.2021 against the retirement vacancy

which arose due to the retirement of Sri.A.P.Joseph. The grievance of the

petitioner is that her salary from 15.7.2018, has not been released to date.

Narrating her grievances, the petitioner is stated to have preferred Ext.P11

revision petition before the 1st respondent. It is in the afore circumstances

that this writ petition is filed seeking to quash Exhibits-P8 and P9 and for

incidental reliefs.

2. When the matter was taken up for consideration Sri. M.Sajjad, the

learned counsel appearing for the petitioner, submitted that for the time being

the petitioner would be satisfied if the 1st respondent is directed to take up

Exhibit-P11 and take a decision in an expeditious manner 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 5th respondent 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.P11 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 petitioner herein or her authorised representative

as well as the 5th respondent.

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 petitioner 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 DSV

APPENDIX OF WP(C) 23620/2021

PETITIONER (S) EXHIBITS:

Exhibit P1 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY DATED 16.06.2012 OF THE PETITIONER.

Exhibit P2 TRUE COPY OF THE STAFF FIXATION ORDER 2018-2019 DATED 03.07.2018.

Exhibit P3 TRUE COPY OF APPEAL PETITION FILED BY THE MANAGER DATED 16.07.2018.

Exhibit P4 TRUE COPY OF ORDER NO. B2/151742018/K.DIS DATED 22.09.2018 OF THE DDE, ALAPPUZHA.

Exhibit P5 TRUE COPY OF THE ORDER NO. ECI/87345/ 2018/DPI DATED 29.06.2019 OF THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF ORDER NO. C3/15/2019-20 DATED 01.08.2019 OF THE MANAGER.

Exhibit P7 TRUE COPY OF THE STAFF FIXATION ORDER 2019-2020 DATED 13.07.2019.

Exhibit P8 TRUE COPY OF LETTER NO. BI/094/2019/L.DIS.

DATED 02.09.2019 OF THE DEO, KUTTANADU.

Exhibit P9 TRUE COPY OF THE ORDER NO. BI/1200/2021 /K.DIS. DATED 06.09.2021 OF THE DEO, KUTTANADU.

Exhibit P10 TRUE COPY OF ORDER NO. C3/30 (A)/2021-22 DATED 01.04.2021 OF THE MANAGER.

Exhibit P11 TRUE COPY OF REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 11.10.2021.

RESPONDENT (S) EXHIBITS:    NIL