Kerala High Court
Amina Sherin M P vs State Of Kerala on 23 December, 2022
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. 42437 OF 2022
PETITIONER/S:
1 AMINA SHERIN M P.,
AGED 27 YEARS
H.S.T (MALAYALAM), MKHMMO VHSS (GIRLS), MUKKAM,
KOZHIKODE DISTRICT-673602.
2 FATHIMA LESINA P T,
AGED 26 YEARS, UPSA, MKHMMO VHSS (GIRLS), MUKKAM,
KOZHIKODE DISTRICT-673602.
3 HRUDUNANDH K K,
AGED 22 YEARS, UPST, KVKMM UP SCHOOL, DEVERKOVIL,
THALIYIL POST, KOZHIKODE DISTRICT-673508.
4 ABHIRAM P C,
AGED 27 YEARS, LPST, KVKMM UP SCHOOL, DEVERKOVIL,
THALIYIL POST, KOZHIKODE DISTRICT-673508.
5 SHABIN ABDURAHIMAN A,
AGED 22 YEARS, LPST, MIUP SCHOOL, KUTTIADY, KUTTIYADI
POST, VADAKARA, KOZHIKODE DISTRICT-673508.
6 JIYAD JAMAL J J,
AGED 24 YEARS, LPST, MIUP SCHOOL, KUTTIADY, KUTTIYADI
POST, VADAKARA, KOZHIKODE DISTRICT-673508.
7 SAHAD K,
AGED 24 YEARS, ARABIC (FULL TIME), MIUP SCHOOL,
KUTTIADY, KUTTIYADI POST, VADAKARA,
KOZHIKODE DISTRICT-673508.
8 BERJIS A Z,
AGED 27 YEARS, LPST, MIUP SCHOOL, KUTTIADY, KUTTIYADI
POST, VADAKARA, KOZHIKODE DISTRICT-673508.
W.P. (C) No.42437 of 2022 2
9 SARANG S,
AGED 22 YEARS, LPST, MIUP SCHOOL, KUTTIADY, KUTTIYADI
POST, VADAKARA, KOZHIKODE DISTRICT-673508.
10 FATHIMA NOUREEN M,
AGED 23 YEARS, UPST, MIUP SCHOOL, KUTTIADY, KUTTIYADI
POST, VADAKARA, KOZHIKODE DISTRICT-673508.
11 ANOOJ LAL K P,
AGED 27 YEARS, UPST, MIUP SCHOOL, KUTTIADY, KUTTIYADI
POST, VADAKARA, KOZHIKODE DISTRICT-673508.
12 AMAL KRISHNA S S,
AGED 27 YEARS, LPSA, VATAYAM SOUTH LP SCHOOL, VATAYAM
POST, KOZHIKODE DISTRICT-673507.
13 ANJANI K,
AGED 30 YEARS, LPST, VATAYAM SOUTH LP SCHOOL, VATAYAM
POST, KOZHIKODE DISTRICT-673507.
14 AJIN NADH K K,
AGED 23 YEARS, LPST, PALERI LP SCHOOL, PALERI POST,
KOZHIKODE DISTRICT-673508.
15 ASHWANTH S DAS,
AGED 24, LPST, NADAPURAM SOUTH LP SCHOOL, NADAPURAM
POST, KOZHIKODE DISTRICT-673504.
16 MUHAMMED RISHAD E C,
AGED 22 YEARS, ARABIC TEACHER, A.A.M.L.P SCHOOL,
THATHOOR, PAZHOOR POST, KOZHIKODE DISTRICT-673661.
17 AMBILI SHAMALA E K,
AGED 31 YEARS, LPST, KCALP SCHOOL, ERAMANGALAM POST,
K.C.A.L.P SCHOOL, KOZHIKODE DISTRICT-673612.
18 ASIDA K V,
AGED 33 YEARS, LPST, NOCHAD A.M.L.P SCHOOL, NOCHAD
POST, KOZHIKODE DISTRICT-673614.
19 MUNEER M K,
AGED 32 YEARS, LPST, PONNIATH MUP SCHOOL, KEEZHAL POST,
W.P. (C) No.42437 of 2022 3
KOZHIKODE DISTRICT-673104.
20 MUHAMMAD RAMSHAD P,
AGED 26 YEARS, LPST, KAKKUNNATH M.L.P SCHOOL,
PONMERIPARAMBIL POST, KOZHIKODE DISTRICT-673542.
21 MUHAMMED NAJMUDHEEN P V,
AGED 25 YEARS, A.M.U.P SCHOOL PALLIKKAL, PALLIKKAL
POST, MALAPPURAM DISTRICT-673634.
22 SARIMOL P,
AGED 34 YEARS, LPSA, BRINDAVANAM AUP SCHOOL, MENHANNIAM
POST, KOZHIKODE DISTRICT-673525.
BY ADVS.
POOVAMULLE PARAMBIL ABDULKAREEM
U.P.BALAKRISHNAN
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695001.
2 DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
THAMARASSERY, KOZHIKODE-673573.
3 ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KUNNUMMAL,
KOZHIKODE DISTRICT-673516.
4 ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KONDOTTY,
MALAPPURAM DISTRICT-673516.
5 ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, BALUSSERY,
KOZHIKODE DISTRICT-673612.
W.P. (C) No.42437 of 2022 4
6 ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, NADAPURAM,
KOZHIKODE DISTRICT-673504.
7 ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, PERAMBRA,
KOZHIKODE DISTRICT-673525.
8 ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
KUNNAMANGALAM, KOZHIKODE DISTRICT-673570.
9 ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, THODANNUR,
KOZHIKODE DISTRICT-673541.
10 MANAGER, MKHMMO VHSS (GIRLS),
MUKKAM, KOZHIKODE DISTRICT-673602.
11 MANAGER, KVKMM UP SCHOOL,
DEVERKOVIL, THALIYIL POST, KOZHIKODE DISTRICT-673508.
12 MANAGER, MIUP SCHOOL,
KUTTIADY, KUTTIYADI POST, VADAKARA, KOZHIKODE
DISTRICT-673508.
13 MANAGER, VATAYAM SOUTH LP SCHOOL,
VATAYAM POST, KOZHIKODE DISTRICT-673507.
14 MANAGER, PALERI LP SCHOOL,
PALERI POST, KOZHIKODE DISTRICT-673508.
15 MANAGER, NADAPURAM SOUTH LP SCHOOL,
NADAPURAM POST, KOZHIKODE DISTRICT-673504.
16 MANAGER, A.A.M.L.P SCHOOL,
THATHOOR, PAZHOOR POST, KOZHIKODE DISTRICT-673661.
17 MANAGER, KCALP SCHOOL,
ERAMANGALAM POST, K.C.A.L.P SCHOOL, KOZHIKODE
DISTRICT-673 612.
W.P. (C) No.42437 of 2022 5
18 MANAGER, NOCHAD A.M.L.P SCHOOL,
NOCHAD POST, KOZHIKODE DISTRICT-673 614.
19 MANAGER, PONNIATH MUP SCHOOL,
KEEZHAL POST, KOZHIKODE DISTRICT-673104.
20 MANAGER, KAKKUNNATH M.L.P SCHOOL,
PONMERIPARAMBIL POST, KOZHIKODE DISTRICT-673542.
21 MANAGER, A.M.U.P SCHOOL PALLIKKAL,
PALLIKKAL POST, MALAPPURAM DISTRICT-673634.
22 MANAGER, BRINDAVANAM AUP SCHOOL,
MENHANNIAM POST, PERAMBRA, KOZHIKODE DISTRICT-673525.
SMT.NISHA BOSE, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P. (C) No.42437 of 2022 6
RAJA VIJAYARAGHAVAN V, J.
-------------------------------------
W.P. (C) No.42437 of 2022
-------------------------------------------
Dated this the 23rd day of December, 2022
JUDGMENT
The petitioners assert that they are teachers working in various aided
schools with effect from 15.07.2021 and 16.07.2021 without pay and other
allowances. The 1st petitioner is a High School Teacher (HST) while petitioners
2 to 22 are either UPSTs or LPSTs. They contend that the managers have
forwarded the proposals for approval of the appointment to the respective
Educational Officers and according to the petitioners, the proposals are liable to
be considered in the light of the observations and directions in judgment dated
10.08.2022 in W.P.(C) 19808 of 2021 as clarified by the Division Bench in
Ext.P23 order. It is in the afore circumstances that this writ petition is filed
seeking the following reliefs:
(i) to issue a writ of mandamus or other appropriate writ or
order directing the Educational Officers concerned to consider
and pass appropriate orders on Exts.P1 to P22 proposal of
appointments for approval of the petitioners in the light of
Exts.P23 to P26 as expeditiously as possible.
(ii) to issue a writ of mandamus or any other appropriate
writ or order directing the respondents 2 to 9 to approve the
appointments of the petitioners in their respective posts
forthwith and to disburse all consequential monetary benefits
due to them.
(iii) to declare that the petitioners are entitled to get
approval from the date of their appointments in the light of
Exts.P23 to P26 orders.
2. It is submitted by the learned Government Pleader that the
proposals pending before the various officers can be considered in the light of
Ext.P23 to P26.
3. In view of the said submission, this writ petition is disposed of by
issuing the following directions:
i) The officer before whom Ext.P1 to P22 proposals for
appointment is pending shall consider the same and take a decision
in tune with Ext.P23 to P26, expeditiously, in any event, within
eight weeks from the date of production of a copy of this
judgment.
ii) Before passing orders, the respective petitioner, as well
as the manager concerned, shall be afforded an opportunity of
being heard.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
sru
APPENDIX OF WP(C) 42437/2022
PETITIONERS EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED
15/07/2021 OF THE 1ST PETITIONER.
Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND
PETITIONER DATED 15/7/2021.
Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER DATED
15/07/2021 OF 3RD PETITIONER.
Exhibit P4 TRUE COPY OF THE APPOINTMENT ORDER DATED
15/07/2021 OF THE 4TH PETITIONER.
Exhibit P5 TRUE COPY OF THE APPOINTMENT ORDER DATED
15/07/2021 OF THE 5TH PETITIONER.
Exhibit P6 TRUE COPY OF THE APPOINTMENT ORDER DATED
15/07/2021 OF THE 6TH PETITIONER.
Exhibit P7 TRUE COPY OF THE APPOINTMENT ORDER DATED
15/07/2021 OF THE 7TH PETITIONER.
Exhibit P8 TRUE COPY OF THE APPOINTMENT ORDER DATED
15/07/2021 OF THE 8TH PETITIONER.
Exhibit P9 TRUE COPY OF THE APPOINTMENT ORDER DATED
16/07/2021 OF THE 9TH PETITIONER.
Exhibit P10 TRUE COPY OF THE APPOINTMENT ORDER DATED
16/07/2021 OF THE 10TH PETITIONER.
Exhibit P11 TRUE COPY OF THE APPOINTMENT ORDER DATED
16/07/2021 OF THE 11TH PETITIONER.
Exhibit P12 TRUE COPY OF THE APPOINTMENT ORDER DATED
15/07/2021 OF THE 12TH PETITIONER.
Exhibit P13 TRUE COPY OF THE APPOINTMENT ORDER DATED
16/07/2021 OF THE 13TH PETITIONER.
Exhibit P14 TRUE COPY OF THE APPOINTMENT ORDER DATED
15/07/2021 OF THE 14TH PETITIONER.
Exhibit P15 TRUE COPY OF THE APPOINTMENT ORDER DATED
15/07/2021 OF THE 15TH PETITIONER.
Exhibit P16 TRUE COPY OF THE APPOINTMENT ORDER DATED
15/07/2021 OF THE 16TH PETITIONER.
Exhibit P17 TRUE COPY OF THE APPOINTMENT ORDER DATED
15/07/2021 OF THE 17TH PETITIONER.
Exhibit P18 TRUE COPY OF THE APPOINTMENT ORDER DATED
15/07/2021 OF THE 19TH PETITIONER.
Exhibit P19 TRUE COPY OF THE APPOINTMENT ORDER DATED
15/07/2021 OF THE 19TH PETITIONER.
Exhibit P20 TRUE COPY OF THE APPOINTMENT ORDER DATED
15/07/2021 OF THE 20TH PETITIONER.
Exhibit P21 TRUE COPY OF THE APPOINTMENT ORDER DATED
15/07/2021 OF THE 21ST PETITIONER.
Exhibit P22 TRUE COPY OF THE APPOINTMENT ORDER DATED
15/07/2021 OF THE 22ND PETITIONER.
Exhibit P23 TRUE COPY OF THE ORDER DATED 13/12/2022 IN WA
NO.1620/2022 AND CONNECTED CASES ISSUED BY
THIS HON'BLE COURT.
Exhibit P24 TRUE COPY OF THE G.O(P)NO. 19/2021/GEDN DATED
08/11/2021 ISSUED BY THE 1ST RESPONDENT.
Exhibit P25 TRUE COPY OF THE G.O(P)NO.111/2022/GEDN DATED
25/06/2022 ISSUED BY THE 1ST RESPONDENT.
Exhibit P26 TRUE COPY OF THE G.O(RT)NO.5280/2022/GEDN
DATED 02/09/2022 ISSUED BY THE 1ST
RESPONDENT.
RESPONDENTS EXHIBITS : NIL
