Kerala High Court
Jeeworth Jos T vs 1. The State Of Kerala on 7 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 8914 OF 2022
PETITIONER:
THE MANAGER
ST.GEORGE'S HSS PUTTEKARA, MUNDUR, ANJUR,
THRISSUR, KERALA - 680 541.
BY ADVS.
T.T.MUHAMOOD(K/1026/1995)
A.RENJIT
V.E.ABDUL GAFOOR
A.MOHAMMED SAVAD
NAZEER HUZAIN.H
T.R.VISHNU
RESPONDENTS:
1 THE STATE OF KERALA
REP. BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM - 695 014.
3 THE DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DEO, THRISSUR, PIN- 680 001.
4 SMT. STALY N.D.
OFFICE ATTENDANT, ST.GEORGE'S HSS, PUTTEKARA, MUNDUR,
ANJUR, THRISSUR, KERALA - 680 541.
*ADDL R5 JEEWORTH JOS
THALAKKOTTURE HOUSE, NHAMANGHAT P.O, VYLATHUR,
THRISSUR DISTRICT, PIN - 679563.
*IS IMPLEADED AS PER ORDER DATED 7.7.2022 IN I.A.NO.1 OF
2022 IN WPC 8914/2022.
BY ADVS.
K.S.PRENJITH KUMAR
S.MANU
R.MEENAKSHI (M-1290)
BEA MARY BENNY
WP(C) NOS. 8914 & 10315 OF 2022 2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022 ALONG WITH WP(C) NO. 10315 OF 2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C) NOS. 8914 & 10315 OF 2022 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 10315 OF 2022
PETITIONER/S:
JEEWORTH JOS T
AGED 36 YEARS, S/O T.A. JOS,
RESIDING AT THALAKKOTTURE HOUSE,
NHAMANGHAT P.O, VYLATHUR,
THRISSUR DISTRICT, PIN - 679563.
BY ADVS.
K.S.PRENJITH KUMAR
S.MANU
R.MEENAKSHI (M-1290)
BEA MARY BENNY
RESPONDENT/S:
1 THE STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF GENERAL EDUCATION,
GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM- 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
DIRECTORATE OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM- 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
CIVIL STATION, AYYANTHOLE, THRISSUR - 680 001.
4 THE DISTRICT EDUCATION OFFICER,
OFFICE OF THE DISTRICT EDUCATION OFFICER,
PALACE ROAD, THRISSUR - 680 001.
5 THE MANAGER,
ST. GEORGE'S HIGHER SECONDARY SCHOOL,
PUTTEKKARA, ANCHUR, MUNDUR,
THRISSUR - 680 541
WP(C) NOS. 8914 & 10315 OF 2022 4
6 STALY N.D
OFFICE ATTENDANT
ST. GEORGE'S HIGHER SECONDARY SCHOOL,
PUTTEKKARA, ANCHUR, MUNDUR,
THRISSUR - 680 541.
SMT.NISHA BOSE, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022 ALONG WITH WP(C) NO. 8914 OF 2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C) NOS. 8914 & 10315 OF 2022 5
JUDGMENT
St. George's HSS, Puttekara, is an aided school governed by the
provisions of the Kerala Education Act and the Rules framed thereunder and
the same is managed by the petitioner in W.P.(C) No.8914 of 2022.
2. On 1.6.2018, the Manager appointed Smt. Staly N.D., as a
Full-Time Menial against a promotion vacancy which arose consequent to the
promotion of Sri. Roy A.P. By Ext.P2 order issued by the 2nd respondent, the
appointment was ordered to be approved with effect from 1.6.2018, if the
same is otherwise in order. While so, the post of Office Attendant in the
school became vacant on 17.7.2019, consequent to the promotion of Sri.
A.P.Roy as Laboratory Assistant. Smt. Staly N.D. was ordered to be appointed
to the post of Office Attendant as per Ext.P3 order. Later, the DEO, after
considering the facts and circumstances, refused to grant approval on the
ground that Smt. Staly is a graduate and hence, she cannot be considered for
the post of a Full-Time Menial. Aggrieved by the refusal on the part of the
DEO to grant approval, the Manager has preferred Ext.P5 revision petition
before the 1st respondent and the same is pending.
3. Sri.Jeeworth Jose T, the petitioner in W.P.(C) No.10315 of 2022
was appointed as FTM consequent to the promotion of Smt. Staly.N.D. as
Office Attendant. He contends that he was admitted to duty with effect from
17.7.2019. The proposal for approval of his appointment was rejected by the
WP(C) NOS. 8914 & 10315 OF 2022 6
DEO on the ground that the promotion of Smt. Staly N.D. from the post of
FTM to Office Attendant had not been approved and there is no clear vacancy
to accommodate him. Being aggrieved by the refusal on the part of the DEO,
the Manager preferred an appeal before the Deputy Director and the same
was rejected. The same was taken up in revision and by order dated
17.9.2021 issued by the 2nd respondent, it was ordered that the appointment
of Sri. Jeeworth Jos can be approved as and when approval was granted to
the promotion of Smt.Staly. His grievance is directed against Ext.P10 order
(Produced in W.P.(C) No.10315/2022) issued by the DEO refusing to grant
approval of his appointment. The petitioner contends that Smt. Staly N.D. is
not eligible to be appointed as FTM or Office Attendant in Aided Schools and
that there is no justification in refusing approval to the petitioner. The
petitioner also contends that before passing Ext.P10 order, the petitioner was
not afforded an opportunity of being heard.
4. As the decision in one case has implications in the other, both
these writ petitions are taken up and disposed of by a common order.
5. I have heard Sri.T.T.Muhamood, the learned counsel appearing
for the petitioner in W.P.(C) No.8914 of 2022 and Sri.K.S.Prenjith Kumar, the
learned counsel appearing for the petitioner in W.P.(C) No.10315 of 2022 and
the learned Government Pleader.
6. Smt. Nisha Bose, the learned Government Pleader points out
that if the revision petition filed by the Manager produced as Ext.P5 in W.P.(C)
WP(C) NOS. 8914 & 10315 OF 2022 7
No.8914/2022 is heard and disposed of by hearing all concerned, the entire
issues can be thrashed out. It is submitted that decision in the revision
petition would have some reverberations over the right of the petitioner in
W.P.(C) No. 10315/2022.
7. I find considerable force in the course suggested by the
learned Government Pleader. I am of the view that directions can be issued
to the 1st respondent to consider the revision petition filed by the Manager
(Ext.P5 in W.P.(C) No. 8914/2022) after hearing all affected parties so that the
issues raised by both the petitioners can be resolved.
8. Resultantly, this writ petition is disposed of by issuing the
following directions.
a) There will be a direction to the 1st respondent to
consider the revision petition filed by the Manager
(Ext.P5 in W.P.(C) No. 8914/2022) and pass
appropriate orders after affording an opportunity of
being heard, either physically or virtually, to the
petitioners in both the writ petitions, the party
respondents and affected parties, if any.
b) Orders, as directed above, shall be passed
expeditiously, in any event, within a period of three
months from the date of production of a copy of
WP(C) NOS. 8914 & 10315 OF 2022 8
this judgment.
c) It would be open to the petitioners 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
WP(C) NOS. 8914 & 10315 OF 2022 9
APPENDIX OF WP(C) 8914/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF APPOINTMENT ORDER DATED
01/06/2018, APPOINTING THE 4TH RESPONDENT (WITH
TYPED COPY).
Exhibit P2 TRUE COPY OF ORDER NO.EC4/12434/2019/DGE/K.DIS.
DATED 29/09/2020 ISSUED BY THE 2ND RESPONDENT
(WITH TYPED COPY).
Exhibit P3 TRUE COPY OF APPOINTMENT ORDER DATED 17/07/2019
ISSUED BY THE PETITIONER, APPOINTING THE 4TH
RESPONDENT AS OFFICE ATTENDANT.
Exhibit P4 TRUE COPY OF ORDER NO.B6/19375/2020 DATED
27/12/2021 ISSUED BY THE 3RD RESPONDENT.
Exhibit P5 TRUE COPY OF REVISION PETITION SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT ON
02/03/2022.
RESPONDENTS EXHIBITS : NIL
WP(C) NOS. 8914 & 10315 OF 2022 10
APPENDIX OF WP(C) 10315/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER NO.
M/JJM/106/2019 DATED 17-07-2019 ISSUED BY THE
5TH RESPONDENT
Exhibit P2 TRUE COPY OF THE PROCEEDINGS NO. B6/13691/2019
DATED 29-12-2019 ISSUED BY THE 4TH RESPONDENT
Exhibit P3 TRUE COPY OF THE ORDER NO. B3/210383/2020 DATED
30-01-2020 ISSUED BY THE 3RD RESPONDENT
Exhibit P4 TRUE COPY OF THE ORDER NO. EC4/231616/2020 DGE
KDIS DATED 17-09-2021 ISSUED BY THE 2ND
RESPONDENT.
Exhibit P5 TRUE COPY OF THE GO (MS) NO.21/2011/P&ARD DATED
01-07-2011 ISSUED BY THE GOVERNMENT OF KERALA,
PERSONNEL AND ADMINISTRATIVE REFORMS (RULES)
DEPARTMENT.
Exhibit P6 TRUE COPY OF THE STATEMENT OF CHANGE OF STAFF
SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 4TH
RESPONDENT
Exhibit P7 TRUE COPY OF THE ORDER NO. B6/19375/2020 DATED
27-12-2021 ISSUED BY THE 4TH RESPONDENT.
Exhibit P8 TRUE COPY OF THE ORDER NO. B6/13694/2019 DATED
04-01-2022 ISSUED BY THE 4TH RESPONDENT.
Exhibit P9 EXHIBIT P9: TRUE COPY OF THE LETTER NO.
B6-7293/21 DATED 10-01-2022 ISSUED BY THE 4TH
RESPONDENT TO THE 2ND RESPONDENT.
Exhibit P10 TRUE COPY OF THE ORDER NO. B6/13691/2019 DATED
15-01-2022 ISSUED BY THE 4TH RESPONDENT.
RESPONDENTS EXHIBITS : NIL
