T.A.Vahida vs The State Of Kerala
2021 Latest Caselaw 18057 Ker

WP(C) NO. 17860 OF 2021            1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
     FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                         WP(C) NO. 17860 OF 2021
PETITIONER/S:
          T.A.VAHIDA,
          AGED 43 YEARS,
          W/O A.M. ABDUL SALAM, L.G.ARABIC TEACHER, DARUSSALAM
          LOWER PRIMARY SCHOOL, THRIKKAKARA, ERNAKULAM
          DISTRICT-682 022 (RESIDING AT AYYAMBRATH (H)
          KAIPPADAMUGAL, VADAKODU P.O.), THRIKKAKARA NORTH,
          ERNAKULAM DISTRICT-682 021)

             BY ADVS.
             V.A.MUHAMMED
             M.SAJJAD


RESPONDENT/S:

      1      THE STATE OF KERALA
             REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
             EDUCATION DEPARTMENT, SECRETARIAT, ANNEXE-11,
             THIRUVANANTHAPURAM-695 001.
      2      THE DIRECTOR OF GENERAL EDUCATION,
             JAGATHY, THIRUVANANTHAPURAM-695 014.
      3      THE DISTRICT EDUCATIONAL OFFICER,
             ALUVA, ERNAKULAM DISTRICT-683 101.
      4      THE ASSISTANT EDUCATIONAL OFFICER,
             ALUVA, ERNAKULAM DISTRICT-683 101.
      5      THE MANAGER,
             DARUSSALAM LOWER PRIMARY SCHOOL, THRIKKAKARA,
             ERNAKULAM DISTRICT-682 022.
      6      THE HEADMASTER,
             DARUSSALAM LOWER PRIMARY SCHOOL, THRIKKAKARA,
             ERNAKULAM DISTRICT-682 022.
             SMT NISHA BOSE, SR GOVERNMENT PLEADER


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   03.09.2021,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 17860 OF 2021               2

                                   JUDGMENT

The petitioner states that she was appointed as L.G. Arabic in the

Darussalam Lower Primary School, Thrikkakara, an aided school, under the

management of the 5th respondent with effect from 01.06.2010 against a

retirement vacancy as per Exhibit P1 appointment order. Later, her

appointment was approved from 4.6.2012 to 29.03.2013. The petitioner

contends that by virtue of various orders passed by the Government,

directions were issued to follow the staff fixation orders for the previous years.

Based on a circular dated 10.9.2012 issued by the Director, the petitioner was

appointed by the Manager against a vacancy admissible as per the staff

fixation order for the year 2010-2011 which was followed in the subsequent

years. The petitioner contends that taking into account the various orders

issued by the Government and also the fact that the petitioner was continuing

in the school till 13.12.2017, the petitioner is entitled to get approval during

that period and consequential benefits. To substantiate the said contention,

reliance is placed on Exhibit P23 judgment rendered by this Court. Stating all

these contentions, the petitioner is stated to have filed Ext.P24 revision

petition seeking to set aside the earlier orders and to approve the appointment

covered as per Ext.P1 with effect from 1.6.2010 and also to pay the salary till

13.12.2017 by deeming that the Manager has executed the bond. It is in the

afore circumstances that the petitioner is before this Court seeking the

following reliefs:

"i) call for the originals of Exhibits-P2, P3, P4, P7 and P12 and set aside the

original of the same by issuing a writ of certiorari or other appropriate

writ or direction.

ii) declare that the petitioner is entitled to get approval of appointment with

effect from 01.06.2010 onwards.

iii) declare that the petitioner is entitled to continue in the School till

13.12.2017 with salary.

iv) issue a writ of mandamus or other appropriate writ order or direction

commanding the respondent to approve the appointment covered in

Exhibit-P1 with effect from 01.06.2010 and pay salary till 13.12.2017.

v) issue a writ of mandamus or other appropriate writ order or direction

commanding the 1st respondent to take a decision on Exhibit -P24

deeming that the Manager has executed the bond, after affording an

opportunity of being heard to the petitioner and within a time frame."

2. I have heard Sri. M.Sajjad, the learned counsel appearing for the

petitioner and the learned Government Pleader.

3. Sri.Sajjad submitted that the only request of the petitioner herein

is to direct the respondent to take a decision on Ext.P24 in the light of Ext.P23

judgment and deeming that the Manager has executed the bond.

4. In view of the limited nature of the relief sought, notice to the

party respondents 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 by

issuing the following directions:

a) The 1st respondent is directed to take up Exhibit-P24 revision

petition and take a decision with notice to the petitioner

herein and the respondents 5 and 6. The hearing may be

held either physically or through video conferencing.

b) While deciding the issue, the concerned respondent shall take

note of the principles laid down by this Court in Ext.P23

judgment and proceed as if the Manager is deemed to have

executed the bond. Orders shall be passed expeditiously,

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

of receipt 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.

The writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE DSV

APPENDIX OF WP(C) 17860/2021

PETITIONER (S) EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 1.6.2010.

Exhibit P2 TRUE COPY OF THE ORDER NO C/1846/2010/K.DIS. DATED 16.7.2010 OF THE AEO, ALUVA.

Exhibit P3 TRUE COPY OF THE ORDER NO B6/8174/10/ K.DIS. DATED 30.12.2010 OF THE DEO. ALUVA

Exhibit P4 TRUE COPY OF THE ORDER NO F5-

19677/11/DPI/K.DIS DATED 29.12.2011 OF THE DIRECTOR

Exhibit P5 TRUE COPY OF GO(RT) NO 4342/2012/G.EDN DATED 14.9.2012

Exhibit P6 TRUE COPY OF THE LETTER NO D/2363/2012 DATED 11.12.2012 ADDRESSING THE DIRECTOR BY THE AEO, ALUVA

Exhibit P7 TRUE COPY OF THE GOVERNMENT LETTER NO 28780/S1/13/G.EDN. DATED 18.7.2014

Exhibit P8 TRUE COPY OF THE GO(RT) NO 3079/2016 G.EDN DATED 26.9.2016

Exhibit P9 TRUE COPY OF THE JUDGMENT IN WPC NO 34828/2016 DATED 12.10.2018

Exhibit P10 TRUE COPY OF GO(RT) NO 2090/2019 G.EDN DATED 1.6.2019

Exhibit P11 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED NIL

Exhibit P12 TRUE COPY OF THE ORDER NO D/4532/2018/K.DIS. DATED 7.8.2020 OF THE AEO, ALUVA

Exhibit P13 TRUE COPY OF GO(RT) NO 1829/2020/G.EDN

DATED 4.6.2020

Exhibit P14 TRUE COPY OF GO(P) NO 199/11/G.EDN. DATED 1.10.2011

Exhibit P15 TRUE COPY OF THE GOVERNMENT CIRCULAR NO 31904/J2/12/G.EDN DATED 6.6.2012

Exhibit P16 TRUE COPY OF GOVERNMENT CIRCULAR NO 45285/J2/13/G.EDN DATED 30.7.2013

Exhibit P17 TRUE COPY OF THE CIRCULAR NO 49982/J2/12/G.EDN DATED 10.9.2012

Exhibit P18 TRUE COPY OF THE ORDER NO EC(4) 41407/17/DPI/K.DIS DATED 26.7.2017 OF THE DIRECTOR

Exhibit P19 TRUE COPY OF THE GO(RT) NO 1361/16/G.EDN DATED 8.4.2016

Exhibit P20 TRUE COPY OF THE GO(RT) NO 2684/17/G.EDN DATED 9.8.2017

Exhibit P21 TRUE COPY OF THE ORDER NO B6-

2622/2016/K.DIS. DATED 22.10.2017 OF THE DEO, IRINJALAKUDA

Exhibit P22 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2016-17 VIDE NO L.DIS/D/4053/2017 DATED 13.12.2017 ISSUED BY THE AEO ALUVA

Exhibit P23 TRUE COPY OF THE JUDGMENT IN WPC NO 38114 OF 2018 DATED 15.1.2021

Exhibit P24 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 4.6.2021

RESPONDENT (S) EXHIBITS: NIL