The Manager (P P Indira) vs The State Of Kerala
2022 Latest Caselaw 11987 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                     WP(C) NO. 42130 OF 2022
PETITIONER/S:

          THE MANAGER (P P INDIRA)
          SREE VIJAYANANDA GURUKULA VIDYAPEEDAM HIGHER SECONDARY
          SCHOOL, KIDANGANNUR, P.O. NALKALICKAL,
          PATHANAMTHITTA DISTRICT-689533.

          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,
          PATHANAMTHITTA AT THIRUVALLA-689 101.

    4     THE DISTRICT EDUCATIONAL OFFICER
          THIRUVALLA, PATHANAMTHITTA DISTRICT-689 101.

    5     SMT. RAJALEKSHMY AMMA A
          SREE VIJAYANANDA GURUKULA VIDYAPEEDAM HIGHER SECONDARY
          SCHOOL, KIDANGANNUR, P.O. NALKALICKAL,
          PATHANAMTHITTA DISTRICT-689 533.

    6     SMT. AMBILY S
          HIGH SCHOOL TEACHER (MATHS), SREE VIJAYANANDA GURUKULA
 W.P. (C) No.42130 of 2022           2


               VIDYAPEEDAM HIGHER SECONDARY SCHOOL, KIDANGANNUR,
               P.O. NALKALICKAL, PATHANAMTHITTA DISTRICT-689 533.

      7        SMT. SUNITHAKUMARI P S
               HIGH SCHOOL TEACHER (MATHS) SREE VIJAYANANDA GURUKULA
               VIDYAPEEDAM HIGHER SECONDARY SCHOOL, KIDANGANNUR,
               P.O. NALKALICKAL, PATHANAMTHITTA DISTRICT-689 533.

      8        SMT. REJITHAKUMARY K G
               UPPER PRIMARY SCHOOL TEACHER, SREE VIJAYANANDA GURUKULA
               VIDYAPEEDAM HIGHER SECONDARY SCHOOL, KIDANGANNUR,
               P.O. NALKALICKAL, PATHANAMTHITTA DISTRICT-689533.

      9        SMT. JYOTHIMA M
               UPPER PRIMARY SCHOOL TEACHER, SREE VIJAYANANDA GURUKULA
               VIDYAPEEDAM HIGHER SECONDARY SCHOOL, KIDANGANNUR,
               P.O. NALKALICKAL, PATHANAMTHITTA DISTRICT-689 533.

     10        SMT. VIDYA VIJAYAN
               HIGH SCHOOL TEACHER (MALAYALAM), SREE VIJAYANANDA
               GURUKULA VIDYAPEEDAM HIGHER SECONDARY SCHOOL,
               KIDANGANNUR, P.O. NALKALICKAL,
               PATHANAMTHITTA DISTRICT-689 533.

     11        SRI. VISHNU CHANDRAN
               UPPER PRIMARY SCHOOL TEACHER, SREE VIJAYANANDA GURUKULA
               VIDYAPEEDAM HIGHER SECONDARY SCHOOL, KIDANGANNUR, P.O.
               NALKALICKAL, PATHANAMTHITTA DISTRICT-689 533.

     12        SMT. SALINI V
               UPPER PRIMARY SCHOOL TEACHER, SREE VIJAYANANDA GURUKULA
               VIDYAPEEDAM HIGHER SECONDARY SCHOOL, KIDANGANNUR,
               P.O. NALKALICKAL, PATHANAMTHITTA DISTRICT-689 533.

     13        SMT. RENJANA PARVATHI R
               UPPER PRIMARY SCHOOL TEACHER, SREE VIJAYANANDA GURUKULA
               VIDYAPEEDAM HIGHER SECONDARY SCHOOL, KIDANGANNUR,
               P.O. NALKALICKAL, PATHANAMTHITTA DISTRICT-689 533.

     14        SMT. AISWARYA MOHAN NAIR
               UPPER PRIMARY SCHOOL TEACHER, SREE VIJAYANANDA GURUKULA
               VIDYAPEEDAM HIGHER SECONDARY SCHOOL, KIDANGANNUR,
               P.O. NALKALICKAL, PATHANAMTHITTA DISTRICT-689 533.
 W.P. (C) No.42130 of 2022              3




     15        SMT. MAYA DEVI E V
               HIGH SCHOOL TEACHER (PHYSICAL SCIENCE)
               SREE VIJAYANANDA GURUKULA VIDYAPEEDAM HIGHER SECONDARY
               SCHOOL, KIDANGANNUR, P.O. NALKALICKAL,
               PATHANAMTHITTA DISTRICT-689 533.

     16        SMT. ANJANA PRADEEP
               HIGH SCHOOL TEACHER (MALAYALAM) SREE VIJAYANANDA
               GURUKULA VIDYAPEEDAM HIGHER SECONDARY SCHOOL,
               KIDANGANNUR, P.O. NALKALICKAL,
               PATHANAMTHITTA DISTRICT-689 533.

     17        SRI. ARJUN M. NAIR
               FULL TIME MENIAL, SREE VIJAYANANDA GURUKULA VIDYAPEEDAM
               HIGHER SECONDARY SCHOOL, KIDANGANNUR, P.O. NALKALICKAL,
               PATHANAMTHITTA DISTRICT-689 533.



               SMT.NISHA BOSE, SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P. (C) No.42130 of 2022               4


                                  JUDGMENT

The petitioner herein is the Manager of Sree Vijayananda Gurukula

Vidyapeedam Higher Secondary School, Kidangannur. The petitioner states that

she has appointed respondents 5 to 7 as High School Teachers on promotion

under Rule 43 of Chapter XIVA of the KER and 8th to 16th respondents as

HSTs/UPSTs and the 17th respondent as Full-time Menial in the School against

retirement/promotion vacancies. The grievance of the petitioner is that the

appointments effected as above stand unapproved. It is submitted that

revision petitions have been preferred as Exts.P4, P8, P12, P16, P20, P24, P28,

P32, P36, P40, P44, P48 and P52 before the 2nd respondent. The prayer in

this writ petition is for consideration of the same by the 2nd respondent in an

expeditious manner.

2. Heard Sri.V.Rajasekharan Nair, the learned counsel appearing for

the petitioner and Smt. Nisha Bose, the learned senior Government Pleader.

3. In view of the limited nature of the relief sought, no prejudice

would be caused to respondents 5 to 17 if notice is dispensed with.

4. 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 2nd respondent to take

up, consider and pass appropriate orders on Exts.P4,

P8, P12, P16, P20, P24, P28, P32, P36, P40, P44, P48

and P52, after affording an opportunity of being heard,

either physically or virtually, to the petitioner herein or

her authorized representative and respondents 5 to 17.

b) Orders, as directed above, shall be passed

expeditiously, in any event, within 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

Sru

APPENDIX OF WP(C) 42130/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE 5TH RESPONDENT DATED 06.06.2019.

Exhibit P2 TRUE COPY OF THE ORDER NO. B3/13400/ 2019 DATED 31.12.2019 OF THE 4TH RESPONDENT.

Exhibit P3 TRUE COPY OF THE ORDER NO. B3/ 2106592020 DATED 26.05.2020 OF THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE 2ND RESPONDENT BY THE MANAGER DATED 24.07.2020.

Exhibit P5 TRUE COPY OF THE APPOINTMENT ORDER OF THE 6TH RESPONDENT DATED 06.06.2019.

Exhibit P6 TRUE COPY OF THE ORDER NO. B3/13405/2019 DATED 31.12.2019 OF THE 4TH RESPONDENT.

Exhibit P7 TRUE COPY OF THE ORDER NO. B3/ 210666/2020 DATED 26.05.2020 OF THE 3RD RESPONDENT.

Exhibit P8 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE 2ND RESPONDENT BY THE MANAGER DATED 24.07.2020.

Exhibit P9 TRUE COPY OF THE APPOINTMENT ORDER OF THE 7TH RESPONDENT DATED 06.06.2019.

Exhibit P10 TRUE COPY OF THE ORDER NO. B3/13399/2019 DATED 31.12.2019 OF THE 4TH RESPONDENT.

Exhibit P11 TRUE COPY OF THE ORDER NO. B3/210658/2020 DATED 26.05.2020 OF THE 3RD RESPONDENT.

Exhibit P12 TRUE COPY OF THE REVISION PETITION FILED

BEFORE THE 2ND RESPONDENT BY THE MANAGER DATED 24.07.2020.

Exhibit P13 TRUE COPY OF THE APPOINTMENT ORDER OF THE 8TH RESPONDENT DATED 06.06.2019.

Exhibit P14 TRUE COPY OF THE ORDER NO. B3/13404/ 2019 DATED 27.12.2019 OF THE 4TH RESPONDENT.

Exhibit P15 TRUE COPY OF THE ORDER NO. B3/ 210662/2020 DATED 26.05.2020 OF THE 3RD RESPONDENT.

Exhibit P16 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE 2ND RESPONDENT BY THE MANAGER DATED 24.07.2020.

Exhibit P17 TRUE COPY OF THE APPOINTMENT ORDER OF THE 9TH RESPONDENT DATED 06.06.2019.

Exhibit P18 TRUE COPY OF THE ORDER NO. B3/13402/ 2019 DATED 27.12.2019 OF THE 4TH RESPONDENT.

Exhibit P19 TRUE COPY OF THE ORDER NO. B3/ 210661/2020 DATED 26.05.2020 OF THE 3RD RESPONDENT.

Exhibit P20 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE 2ND RESPONDENT BY THE MANAGER DATED 24.07.2020.

Exhibit P21 TRUE COPY OF THE APPOINTMENT ORDER OF THE 10TH RESPONDENT DATED 06.06.2019.

Exhibit P22 TRUE COPY OF THE ORDER NO. B3/13403/ 2019 DATED 31.12.2019 OF THE 4TH RESPONDENT.

Exhibit P23 TRUE COPY OF THE ORDER NO. B3/210660/2020 DATED 26.05.2020 OF THE 3RD RESPONDENT.

Exhibit P24 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE 2ND RESPONDENT BY THE MANAGER DATED 24.07.2020.

Exhibit P25 TRUE COPY OF THE APPOINTMENT ORDER OF THE 11TH RESPONDENT DATED 15.07.2021.

Exhibit P26 TRUE COPY OF THE ORDER NO. B3/28252/ 2021 DATED 25.09.2021 OF THE 4TH RESPONDENT.

Exhibit P27 TRUE COPY OF THE ORDER NO. B3/ 215645/2021 DATED 16.04.2022 OF THE 3RD RESPONDENT.

Exhibit P28 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE 2ND RESPONDENT BY THE MANAGER DATED 12.10.2022.

Exhibit P29 TRUE COPY OF THE APPOINTMENT ORDER OF THE 12TH RESPONDENT DATED 15.07.2021.

Exhibit P30 TRUE COPY OF THE ORDER NO.B3/28251/2021 DATED 09.11.2021 OF THE 4TH RESPONDENT.

Exhibit P31 TRUE COPY OF THE ORDER NO. 83/217061/2012 DATED 20.07.2022 OF THE 3RD RESPONDENT.

Exhibit P32 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE 2ND RESPONDENT BY THE MANAGER DATED 12.10.2022.

Exhibit P33 TRUE COPY OF THE APPOINTMENT ORDER OF THE 13TH RESPONDENT DATED 15.07.2021.

Exhibit P34 TRUE COPY OF THE ORDER NO. B3/28250/ 2021 DATED 09.11.2021 OF THE 4TH RESPONDENT.

Exhibit P35 TRUE COPY OF THE ORDER NO. B3/217069/2022 DATED 11.08.2022 OF THE 3RD RESPONDENT.

Exhibit P36 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE 2ND RESPONDENT BY THE MANAGER DATED 12.10.2022.

Exhibit P37 TRUE COPY OF THE APPOINTMENT ORDER OF THE 14TH RESPONDENT DATED 15.07.2021.

Exhibit P38 TRUE COPY OF THE ORDER NO. B3/28249/2021 DATED 27.10.2021 OF THE 4TH RESPONDENT.

Exhibit P39 TRUE COPY OF THE ORDER NO. B3/217067/2022 DATED 02.06.2022 OF THE 3RD RESPONDENT.

Exhibit P40 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE 2ND RESPONDENT BY THE MANAGER DATED 12.10.2022.

Exhibit P41 TRUE COPY OF THE APPOINTMENT ORDER OF THE 15TH RESPONDENT DATED 15.07.2021.

Exhibit P42 TRUE COPY OF THE ORDER NO.B3/28255/2021 DATED 27.10.2021 OF THE 4TH RESPONDENT.

Exhibit P43 TRUE COPY OF THE ORDER NO. B3/217068/2022 DATED 02.06.2022 OF THE 3RD RESPONDENT.

Exhibit P44 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE 2ND RESPONDENT BY THE MANAGER DATED 12.10.2022.

Exhibit P45 TRUE COPY OF THE APPOINTMENT ORDER OF THE 16TH RESPONDENT DATED 15.07.2021.

Exhibit P46 TRUE COPY OF THE ORDER NO. B3/28244/2021 DATED 25.09.2021 OF THE 4TH RESPONDENT.

Exhibit P47 TRUE COPY OF THE ORDER NO. B3/215642/2021 DATED 30.03.2022 OF THE 3RD RESPONDENT.

Exhibit P48 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE 2ND RESPONDENT BY THE MANAGER DATED 12.10.2022.

Exhibit P49 TRUE COPY OF THE APPOINTMENT ORDER OF THE 17TH RESPONDENT DATED 15.07.2021.

Exhibit P50 TRUE COPY OF THE ORDER NO. B3/28253/2021 DATED 25.09.2021 OF THE 4TH RESPONDENT.

Exhibit P51 TRUE COPY OF THE ORDER NO. B3/215640/2021 DATED 04.04.2022 OF THE 3RD RESPONDENT.

Exhibit P52 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE 2ND RESPONDENT BY THE MANAGER DATED 12.10.2022.

Exhibit P53 TRUE COPY OF THE G.O. (RT.) NO.

4087/2022/GEDN DATED 12.07.2022 OF THE GOVERNMENT.

Exhibit P54 TRUE COPY OF THE G.O. (P) NO. 4/2021/G.EDN.

DATED 06.02.2021 OF THE GOVERNMENT.

RESPONDENTS EXHIBITS : NIL