Divya Joy vs State Of Kerala
2021 Latest Caselaw 18485 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MR. JUSTICE SUNIL THOMAS
 WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
                   WP(C) NO. 18276 OF 2021
PETITIONERS:

    1     DIVYA JOY,
          AGED 39 YEARS
          W/O. VALSAN T.D., WORKING AS UPPER PRIMARY SCHOOL
          TEACHER (UPST), ST. THOMAS HSS MAYANNUR,
          THRISSUR-679105, RESIDING AT THAZHEKKADAN HOUSE,
          NELLIKUNNU P.O., KACHERY, THRISSUR-680005.

    2     LEEVA C.V.,
          AGED 41 YEARS
          W/O. SHAMMI JOHN, WORKING AS UPST, ST. THOMAS H.S.S
          MAYANNUR, THRISSUR-679105, RESIDING AT PULIKOTTIL
          HOUSE, EAST END, P.O. CHITTATTUKARA, ELAVALLY ROAD,
          THRISSUR-680511.

    3     JAIRI JACOB K.,
          AGED 40 YEARS
          W/O. SAJI P. JOSE, WORKING AS UPST, ST. THOMAS
          H.S.S MAYANNUR, THRISSUR-679105, RESIDING AT
          PELLISSERY HOUSE, P.O. PARALAM, ST. RAPHEL STREET,
          AMMADAM, THRISSUR-680563.

    4     RIMSI PUSHPAN,
          AGED 42 YEARS
          W/O. SAJEEV JOHN, WORKING AS UPST, ST. THOMAS H.S.S
          MAYANNUR, THRISSUR-679105, RESIDING AT THATTILLYU
          HOUSE, P.O. KURIACHIRA, ST. ANTONY'S STREET, HOUSE
          NO. 59, THRISSUR-680006.

    5     JOSY C.O.,
          AGED 37 YEARS
          W/O. BIJU C.P., WORKING AS UPST, ST. THOMAS H.S.S
          MAYANNUR, THRISSUR-679105, RESIDING AT
          CHITTILAPPILLY HOUSE, KUNDANNUR P.O.,
          THRISSUR-680590.

    6     NIMI THOMAS C.,
          AGED 33 YEARS
 WP(C) NO. 18276 OF 2021
                               2

            WIFE OF JAISON A.J.,
            WORKING AS UPST, ST. THOMAS H.S.S MAYANNUR,
            THRISSUR-679105, RESIDING AT ALOOR KEZHUKUT
            HOUSE, KUNDANNUR P.O., THRISSUR-680590.

     7      DENCY M.J.,
            AGED 31 YEARS
            W/O. ALWYN FRANCIS, WORKING AS UPST, ST. THOMAS
            H.S.S MAYANNUR, THRISSUR-679105, RESIDING AT
            CHIRAYATH HOUSE, M.G. KAVU P.O., THIROOR,
            THRISSUR-680581.

     8      LIMI TOMY,
            AGED 37 YEARS
            W/O. SEEMON JOSE KALLERY, WORKING AS UPST, ST.
            THOMAS H.S.S MAYANNUR, THRISSUR-679105, RESIDING
            AT KALLERY HOUSE, VALLACHIRA P.O., THRISSUR-
            680562.

     9      ALWYN T.P.,
            AGED 35 YEARS
            WORKING AS UPST, ST. THOMAS H.S.S MAYANNUR,
            THRISSUR-679105, RESIDING AT THATTIL KURUVIAL
            HOUSE, KIZHAKKUMURI P.O., PERINGOTTUKARA,
            THRISSUR-680571.

            BY ADV U.BALAGANGADHARAN

RESPONDENTS:

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

     2      THE DIRECTOR OF GENERAL EDUCATION,
            (FORMER DIRECTOR OF PUBLIC INSTRUCTIONS),
            THIRUVANANTHAPURAM-695001.

     3      THE DEPUTY DIRECTOR OF EDUCATION (DDE),
            SECOND FLOOR, CIVIL STATION, AYANTHOL,
            THRISSUR-680003.

     4      THE DISTRICT EDUCATIONAL OFFICER (DEO),
 WP(C) NO. 18276 OF 2021
                                    3

             MINI CIVIL STATION, CHAVAKKAD, THRISSUR-680506.

     5       THE MANAGER,
             ST. THOMAS H.S.S. MAYANNUR, THRISSUR-679105.

             BY ADV. SMT.NISHA BOSE-GP


      THIS    WRIT     PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON     08.09.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 18276 OF 2021
                                       4




                              JUDGMENT

Dated this the 08th day of September, 2021

The petitioners who are the Upper Primary School

Teachers in the fifth respondent aided school are

aggrieved by the denial of their approval raising frivolous

grounds. The reason stated is that posts are not

approved. The learned Counsel for the petitioner invited

my attention to Ext.P28, which indicates that the

appointment of two teachers were approved and hence,

that cannot be a reason for denying the approval of the

petitioners. However, it seems that the petitioners have

filed Exts.P33 to Ext.P41 revisions before the first

respondent and are pending.

2. After hearing the learned Counsel for the

petitioner and the learned Government Pleader, I am

inclined to dispose of the Writ Petition itself by directing

the first respondent to take up and pass orders on

Exts.P33 to P41 revisions, after giving a reasonable

opportunity of being heard to the representative of the WP(C) NO. 18276 OF 2021

petitioners and also to the representative of the fifth

respondent as expeditiously as possible, at any rate,

within a period of three months from the date of receipt

of a copy of this judgment.

The Writ Petition is accordingly, disposed of.

Sd/-

SUNIL THOMAS

JUDGE SKP/8-9 WP(C) NO. 18276 OF 2021

APPENDIX OF WP(C) 18276/2021

PETITIONERS EXHIBITS:

EXHIBIT P1 A TRUE COPY OF APPOINTMENT ORDER DATED 05/06/2018 ISSUED TO THE FIRST PETITIONER BY THE 5TH RESPONDENT.

EXHIBIT P2 A TRUE COPY OF APPOINTMENT ORDER DATED 04/07/2017 ISSUED TO THE SECOND PETITIONER BY THE 5TH RESPONDENT.

EXHIBIT P3 A TRUE COPY OF APPOINTMENT ORDER DATED 05/06/2018 ISSUED TO THE THIRD PETITIONER BY THE 5TH RESPONDENT.

EXHIBIT P4 A TRUE COPY OF APPOINTMENT ORDER DATED 05/06/2018 ISSUED TO THE 4TH PETITIONER BY THE 5TH RESPONDENT.

EXHIBIT P5 A TRUE COPY OF APPOINTMENT ORDER DATED 09/07/2018 ISSUED TO THE 5TH PETITIONER BY THE 5TH RESPONDENT.

EXHIBIT P6 A TRUE COPY OF APPOINTMENT ORDER DATED 09/07/2018 ISSUED TO THE 6TH PETITIONER BY THE 5TH RESPONDENT.

EXHIBIT P7 A TRUE COPY OF APPOINTMENT ORDER DATED 07/06/2018 ISSUED TO THE 7TH PETITIONER BY THE 5TH RESPONDENT.

EXHIBIT P8 A TRUE COPY OF APPOINTMENT ORDER DATED 07/06/2018 ISSUED TO THE 8TH PETITIONER BY THE 5TH RESPONDENT.

EXHIBIT P9 A TRUE COPY OF APPOINTMENT ORDER DATED 19/06/2018 ISSUED TO THE 9TH PETITIONER BY THE 5TH RESPONDENT.

EXHIBIT P10 A TRUE COPY OF ORDER ISSUED BY THE 4TH RESPONDENT DATED 04/12/2018 TO FIRST PETITIONER.

EXHIBIT P11 A TRUE COPY OF ORDER ISSUED BY THE 4TH RESPONDENT DATED 28/09/2017 TO 2ND WP(C) NO. 18276 OF 2021

PETITIONER.

EXHIBIT P12 A TRUE COPY OF ORDER ISSUED BY THE 4TH RESPONDENT DATED 04/12/2018 TO 3RD PETITIONER.

EXHIBIT P13 A TRUE COPY OF ORDER ISSUED BY THE 4TH RESPONDENT DATED 10/12/2018 TO 4TH PETITIONER.

EXHIBIT P14 A TRUE COPY OF ORDER ISSUED BY THE 4TH RESPONDENT DATED 10/12/2018 TO 5TH PETITIONER.

EXHIBIT P15 A TRUE COPY OF ORDER ISSUED BY THE 4TH RESPONDENT DATED 30/11/2018 TO 6TH PETITIONER.

EXHIBIT P16 A TRUE COPY OF ORDER ISSUED BY THE 4TH RESPONDENT DATED 27/12/2019 TO 7TH PETITIONER.

EXHIBIT P17 A TRUE COPY OF ORDER ISSUED BY THE 4TH RESPONDENT DATED 27/12/2019 TO 8TH PETITIONER.

EXHIBIT P18 A TRUE COPY OF ORDER ISSUED BY THE 4TH RESPONDENT DATED 27/12/2019 TO 9TH PETITIONER.

EXHIBIT P19 A TRUE COPY OF ORDER ISSUED BY THE 3RD RESPONDENT DATED 23/07/2019 TO PETITIONER NO.1.

EXHIBIT P20 A TRUE COPY OF ORDER ISSUED BY THE 3RD RESPONDENT DATED 01/06/2018 TO PETITIONER NO.2.

EXHIBIT P21 A TRUE COPY OF ORDER ISSUED BY THE 3RD RESPONDENT DATED 23/07/2019 TO PETITIONER NO.3.

EXHIBIT P22 A TRUE COPY OF ORDER ISSUED BY THE 3RD RESPONDENT DATED 12/07/2019 TO PETITIONER NO.4.

WP(C) NO. 18276 OF 2021

EXHIBIT P23 A TRUE COPY OF ORDER ISSUED BY THE 3RD RESPONDENT DATED 04/07/2019 TO PETITIONER NO.5.

EXHIBIT P24 A TRUE COPY OF ORDER ISSUED BY THE 3RD RESPONDENT DATED 26/06/2019 TO PETITIONER NO.6.

EXHIBIT P25 A TRUE COPY OF ORDER ISSUED BY THE 3RD RESPONDENT DATED 17/02/2020 TO PETITIONER NO.7.

EXHIBIT P26 A TRUE COPY OF ORDER ISSUED BY THE 3RD RESPONDENT DATED 05/02/2020 TO PETITIONER NO.8.

EXHIBIT P27 A TRUE COPY OF ORDER ISSUED BY THE 3RD RESPONDENT DATED 11/03/2020 TO PETITIONER NO.9.

EXHIBIT P28 A TRUE COPY OF ORDER ISSUED BY THE 2ND RESPONDENT DATED 06/02/2020 TO THE FIRST PETITIONER.

EXHIBIT P29 A TRUE COPY OF ORDER DATED 24/06/2021 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P30 A TRUE COPY OF KTET CERTIFICATE DATED 20/08/2018 ISSUED TO THE 5TH PETITIONER.

EXHIBIT P31 A TRUE COPY OF KTET CERTIFICATE DATED 29/08/2019 ISSUED TO THE 6TH PETITIONER.

EXHIBIT P32 A TRUE COPY OF ORDER DATED 25/03/2021 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P33 A TRUE COPY OF REVISION PETITION DATED 18/08/2021 SUBMITTED BY THE PETITIONER NO. 1 TO THE GOVERNMENT.

EXHIBIT P34 A TRUE COPY OF REVISION PETITION DATED 18/08/2021 SUBMITTED BY THE PETITIONER NO. 2 TO THE GOVERNMENT.

EXHIBIT P35 A TRUE COPY OF REVISION PETITION DATED 18/08/2021 SUBMITTED BY THE PETITIONER WP(C) NO. 18276 OF 2021

NO.3 TO THE GOVERNMENT.

EXHIBIT P36 A TRUE COPY OF REVISION PETITION DATED 18/08/2021 SUBMITTED BY THE PETITIONER NO. 4 TO THE GOVERNMENT.

EXHIBIT P37 A TRUE COPY OF REVISION PETITION DATED 18/08/2021 SUBMITTED BY THE PETITIONER NO. 5 TO THE GOVERNMENT.

EXHIBIT P38 A TRUE COPY OF REVISION PETITION DATED 18/08/2021 SUBMITTED BY THE PETITIONER NO.6 TO THE GOVERNMENT.

EXHIBIT P39 A TRUE COPY OF REVISION PETITION DATED 18/08/2021 SUBMITTED BY THE PETITIONER NO. 7 TO THE GOVERNMENT.

EXHIBIT P40 A TRUE COPY OF REVISION PETITION DATED 18/08/2021 SUBMITTED BY THE PETITIONER NO. 8 TO THE GOVERNMENT.

EXHIBIT P41 A TRUE COPY OF REVISION PETITION DATED 18/08/2021 SUBMITTED BY THE PETITIONER NO. 9 TO THE GOVERNMENT.

RESPONDENTS EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE