Kerala High Court
Sheeja T.A vs The State Of Kerala on 2 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Wednesday, the 2nd day of February 2022 / 13th Magha, 1943
IA.NO.1/2022 IN WP(C) NO. 11693 OF 2021(J)
PETITIONERS/PETIONERS:
1. SHEEJA T.A , UPPER PRIMARY SCHOOL TEACHER, HSS, VALAYANCHIRANGARA
PERUMBAVOOR P.O., ERNAKULAM-683 556
2. ANJALI V., UPPER PRIMARY SCHOOL TEACHER, HSS, VALAYANCHIRANGARA
PERUMBAVOOR P.O., ERNAKULAM-683 556
3. PRATHYUSHA K. UPPER PRIMARY SCHOOL TEACHER, HSS, VALAYANCHIRANGARA
PERUMBAVOOR P.O., ERNAKULAM-683 556
RESPONDENTS/RESPONDENTS:
1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION
DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE DIRECTOR OF GENERAL EDUCATION, FORMERLY DPI, JAGATHI,
THIRUVANANTHAPURAM-695 014.
3. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM,CIVIL STATION,KAKKANAD
P.O,ERNAKULAM,PIN-682 030
4. THE DISTRICT EDUCATIONAL OFFICER, 5TH FLOOR, REVENUE TOWER, NEAR
PRIVATE BUS STAND, KOTHAMANGALAM-686 691.
5. THE MANAGER, HSS, VALAYANCHIRANGARA, PERUMBAVOOR P.O., ERNAKULAM-683
556.
6. ADDL.R6. KRISHNA KUMAR M., S/O. MURALY.K.K., AGED 29 YEARS, UPPER
PRIMARY SCHOOL TEACHER, HIGHER SECONDARY SHOOL, VALAYANCHIRANGARA,
ERNAKULAM DISTRICT-683556, RESIDING AT KOCHERY HOUSE,
VALAYANCHIRANGARA, VALAYANCHIRANGARA.P.O., PERUMBAVOOR, ERNAKULAM
DISTRICT-683556. (ADDL.R6 IMPLEADED AS PER ORDER DATED 15-09-2021 IN
IA 2/2021 IN WP(C)
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to clarify the
judgment to the effect that the Manager N R Rajan has made seven
appointments against eight clear vacancies in the school as against five
vacancy observed by this Hon'ble in Para 8 of the judgment.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this court's judgment
dated 16-12-2021 and upon hearing the arguments of M/s.R.RAJASEKHARAN
PILLAI, SABINA JAYAN, Advocates for the petitioners in IA/WP(C),
GOVERNMENT PLEADER for R1 to R4 in IA/WP(C), SRI.V.VIJULAL, Advocate for
R5 in IA/WP(C) and of SRI.SAJU JOHN Advocate for Addl.R6 in IA/WP(C), the
court passed the following:
RAJA VIJAYARAGHAVAN V, J.
---------------------------------
W.P.(C) No.11693 of 2021
----------------------------------
Dated this the 2nd day of February, 2022
ORDER
I.A.No.1 of 2022:
This application is filed by the petitioner seeking clarification with
respect to certain observations made by this Court in paragraph No.8 of the
judgment dated 16.12.2021 in W.P.(C) No.13576 of 2021 and connected
cases.
2. Sri.R.Rajasekharan Pillai, the learned counsel appearing for the
petitioner submits that the observations in paragraph No.8 that out of the five
vacancies, three were promotion vacancies and two were additional vacancies
is not factually correct. According to the learned counsel, it needs to be
clarified that Manager Sri.N.R.Rajan had made 7 appointments against 8 clear
vacancies in the School.
3. I have considered the submissions advanced. While disposing of
the writ petition, this Court had only directed the Government, before whom
the revision petitions were pending to consider the grievances of the Manager
as well as the teachers and decide the issues with notice to all concerned.
The Government, while taking a decision, need not be bound by the
observations made in paragraph No.8 of the judgment. The revision petitions
shall be considered untrammelled by any of the observations in the judgment
and a decision shall be taken as directed as per procedure and in strict
adherence to the provisions of law as ordered in the judgment.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
IAP
02-02-2022 /True Copy/ Assistant Registrar
