Sheeba Thomas vs The State Of Kerala
2022 Latest Caselaw 12351 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                   WP(C) NO. 1652 OF 2021


PETITIONER/S:

            SHEEBA THOMAS
            AGED 40 YEARS
            WIFE OF BENNY KURIAKOSE,
            PHYSICAL EDUCATION TEACHER,
            FATHIMA MATHA GHSS, KOOMPANPARA, ADIMALY,
            IDUKKI DISTRICT-685 561

            BY ADVS.
            V.A.MUHAMMED
            SRI.M.SAJJAD


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,
            IDUKKI AT THODUPUZHA-685 584

    4       THE DISTRICT EDUCATIONAL OFFICER,
            THODUPUZHA, IDUKKI DISTRICT-685 584

    5       THE MANAGER,
            FATHIMA MATHA GHSS, KOOMPANPARA,
            ADIMALY, IDUKKI DISTRICT-685 561
 WP(C) NO. 1652 OF 2021            2




    6     THE HEADMASTER,
          FATHIMA MATHA GHSS, KOOMPANPARA,
          ADIMALY, IDUKKI DISTRICT-685 561

    7     SRI. ANIL SEBASTIAN,
          PHYSICAL EDUCATION TEACHER, FATHIMA MATHA GHSS,
          KOOMPANPARA, ADIMALY, IDUKKI DISTRICT-685 561

          BY ADVS.
          GOVERNMENT PLEADER
          SANTHOSH MATHEW
          ARUN THOMAS




          SMT. MARY BEENA JOSEPH, SR. GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 1652 OF 2021                      3




                                JUDGMENT

The petitioner states that she was appointed as Physical Education

Teacher at the Fathima Matha GHSS, Koompanpara with effect from

01.06.2017 in the UP Section. The grievance of the petitioner concerns the

refusal on the part of the respondents in granting approval of appointment

of the petitioner on the ground that the manager has not set apart one

post in the school for a protected teacher. It is in the said circumstances

that this writ petition is filed seeking to quash Exts.P4, P5, P7 and P13 and

for a further direction to the 4th respondent to grant approval to the

appointment of the petitioner covered by Ext.P1 in the light of Ext.P11

declaration.

2. The learned counsel appearing for the petitioner, by referring to

Ext.P16, contends that the manager has set apart a vacancy of a music

teacher in the High School section for the academic year 2017-18 in terms

of Rule 7(3) of Chapter XXI of the KER. Learned counsel also refers to

Ext.P17 request made by the manager. According to the learned counsel,

the vacancy is still kept open for accommodating a protected teacher and

reference is made to Ext.P18. The learned counsel submits directions be

issued to the 1st respondent to consider Ext.P15 revision petition in the

light of Exts.P16 and P17, and take a decision within a timeframe with due

notice.

3. Heard the learned Government Pleader who submits that in the

light of Exts.P16 and P17, Ext.P15 revision petition can be taken up and

considered.

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

would be caused to respondents 5 to 7 if notice 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.P15, in the light of Exts.P16 and P17, after

affording an opportunity of being heard, either

physically or virtually, to the petitioner herein or her

authorized representative and respondents 5 to 7.

b) Orders, as directed above, shall be passed

expeditiously, in any event, within four 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

NS

APPENDIX OF WP(C) 1652/2021

PETITIONER(S) EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2017.

EXHIBIT P2 TRUE COPY OF THE ORDER NO. B5/5532/2017/K.DIS DATED 28.09.2017 ISSUED BY THE DEO, THODUPUZHA.

EXHIBIT P3 TRUE COPY OF THE APPEAL DATED 30.10.2017 FILED BY THE MANAGER BEFORE THE DDE, THODUPUZHA.

EXHIBIT P4 TRUE COPY OF THE ORDER NO. B4/18290/17/L.DIS DATED 24.03.2018 OF THE DDE, IDUKKI.

EXHIBIT P5 TRUE COPY OF THE ORDER NO.

E.C.(2)/80075/2018/DPI DATED 24.07.2019 ISSUED BY THE DIRECTOR.

EXHIBIT P6 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER AND THE 7TH RESPONDENT JOINTLY ALONG WITH COVERING LETTER NO. 203/2019-20 DATED 07.11.2020 ADDRESSING THE GOVERNMENT BY THE MANAGER

EXHIBIT P7 TRUE COPY OF THE G.O(RT) NO. 1878/2020/G.EDN DATED 09.06.2020.

EXHIBIT P8 TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2015 OF THE 7TH RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE STAFF LIST OF THE SCHOOL AS ON 01.06.2017

EXHIBIT P10 TRUE COPY OF THE LETTER NO. 151/20-21 DATED 22.10.2020 OF THE MANAGER ADDRESSING THE DEO,

THODUPUZHA.

EXHIBIT P11 TRUE COPY OF THE DECLARATION OF THE MANAGER DATED 22.10.2020.

EXHIBIT P12 TRUE COPY OF THE LETTER NO. B5/9557/2019 DATED 12.11.2020 OF THE DDE, IDUKKI ADDRESSING THE DEO, THODUPUZHA.

EXHIBIT P13 TRUE COPY OF THE LETTER NO. B5/19497/20/L.DIS DATED 02.12.2020 OF THE DEO, ADDRESSING THE MANAGER.

EXHIBIT P14 TRUE COPY OF THE GOVERNMENT CIRCULAR NO.

J2/21/2020 DATED 09.10.2020.

EXHIBIT P15 TRUE COPY OF THE REVISION PETITION DATED 23.12.2020 FILED BY THE PETITIONER BEFORE THE GOVERNMENT.

EXHIBIT P16 TRUE COPY OF THE AFFIDAVIT FILED BY THE MANAGER DATED 22.10.2020

EXHIBIT P17 TRUE COPY OF THE REQUEST MADE BY THE MANAGER VIDE LETTER NO. 201/21-22 DATED 16.02.2022

EXHIBIT P18 TRUE COPY OF THE STAFF LIST AS ON 01.06.2017 OF HS, LP AND UP SECTION

EXHIBIT P19 TRUE COPY OF THE G.O(RT) NO. 1332/2020/G.EDN.

DATED 17.03.2020

EXHIBIT P20 TRUE COPY OF THE G.O(RT) NO. 1718/2021/G.EDN.

DATED 18.02.2021

EXHIBIT P21 TRUE COPY OF THE G.O(RT) NO. 3080/2021/G.EDN.

DATED 21.06.2021

RESPONDENT(S) EXHIBITS : NIL