Kerala High Court
State Of Kerala vs Vanditha.P on 1 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WA NO. 211 OF 2022
AGAINST THE JUDGMENT IN WP(C) 21206/2020 OF HIGH COURT OF
KERALA
APPELLANTS/RESPONDENTS IN WPC:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE DIRECTOR OF GENERAL EDUCATION,
DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695001.
3 THE DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DDE, KANNUR, PIN - 670001.
4 THE DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DDE, KOZHIKODE - 673001.
5 THE ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE AEO, THALASSERY SOUTH,
THALASSERY PIN - 670101.
6 THE ASSISTANT EDUCATIONAL OFFICER
OFFICE OF THE AEO, CHEVAYUR, KOZHIKODE-673017.
7 THE ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE AEO, THALIPARAMBA SOUTH,
THALIPARAMBA - 670141.
8 THE ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE AEO, THALIPARAMBA NORTH,
THALIPARAMBA - 670141.
Writ Appeal No.211 of 2022 -: 2 :-
9 THE ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE AEO, KANNUR NORTH, KANNUR- 670001.
BY SR. GOVERNMENT PLEADER SRI.A.J.VARGHESE
RESPONDENTS/PETITIONERS IN WPC:
1 VANDITHA.P,
W/O.T.K.PRABHATH, CRAFT TEACHER,
VANEE VILSAM UP SCHOOL, TEMPLE GATE, THALASSERY,
KANNUR DISTRICT - 670331 (RESIDING AT
ANANDAM,P.O.PALAYAD, EAST PALAYAD, KANNUR
DISTRICT-670661.)
2 SASEENDRAN.C.V.,
KUNDANARY PARABIL HOUSE, P.O. CHEVAYUR,
KOZHIKODE - 673017 (RETIRED CRAFT TEACHER,
CHEVAYUR UP SCHOOL, CHEVAYUR, KOZHIKKODE-673017)
3 GOURI.P.V.,
W/O. M.SURENDRAN, MUTHANGA HOUSE, KOOVERI P.O.,
CHAPPARAPADAVU, KANNUR- 670581 (RETIRED CRAFT
TEACHER, MUYYAM UP SCHOOL, THALIPARAMBA 670142).
4 SULOCHANA.K.V.,
W/O.BALAKRISHNAN, KONJAMMORVEETTIL,
P.O.PAYYAVOOR - 670633 (RETIRED NEEDLE WORK
TEACHER, POOMANGALAM UP SCHOOL, PANNIYOOR,
KANNUR - 670142).
5 SEETHALAKSHMI.N.,
W/O MUKUNDAN, NHANDANMADATH HOUSE, P.O.,
KOTTALI, KANNUR - 670016 (RETIRED CRAFT TEACHER,
PERUMACHERY AUP SCHOOL).
6 LATHA.A.K.,
D/O K.NARAYANAN, KOLLANKANDY HOUSE, CHIRAKKARA,
THALASSERY-670104(RETIRED CRAFT TEACHER,
THIRUVANGAD CHALIA UP SCHOOL).
Writ Appeal No.211 of 2022 -: 3 :-
7 INDUMATHI .P.M.,
W/O PURUSHOTHAMAN.K.K., THARACHAND HOUSE,
P.O.KIZHUNNA, KANNUR-670007 (RETIRED CRAFT
TEACHER, DHARMADAM BASIC UP SCHOOL, DHARMADAM,
THALASSERY - 670106)
BY ADVS.
T.T.MUHAMOOD
A.RENJITH
V.E.ABDUL GAFOOR
A.MOHAMMED SAVAD
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Writ Appeal No.211 of 2022 -: 4 :-
P.B.SURESH KUMAR & C.S.SUDHA, JJ.
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Writ Appeal No.211 of 2022
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Dated this the 1st day of June, 2022
JUDGMENT
P.B.Suresh Kumar, J.
This writ appeal is directed against the judgment
dated 16.07.2021 in W.P.(C) No.21206 of 2020. The appellants
were the respondents in the writ petition. Parties are referred
to in this judgment as they appear in the writ petition.
2. Among the petitioners, the fourth petitioner is
a Needle Work Teacher in an aided school and the remaining
petitioners were Craft Teachers in various other aided schools.
Even though the appointments of some among the petitioners
were as Full Time teachers, the appointments of all the
petitioners were approved by the concerned competent
authorities only as Part-Time Specialist Teachers. In terms of
Ext.P6 order, the Government have granted Full-Time status to
the petitioners and 95 others who have completed 15 years of
Part-Time service with effect from 31.12.2009. Earlier, on
06.04.2000, in terms of Ext.P7 order, Government have
regularized the appointments of 54 Physical Education
Teachers whose appointments were not approved by the
concerned competent authorities for want of sanctioned post
and other similar reasons. It appears that on the basis of
Ext.P7 order, some among the 102 Part-Time Specialist
Teachers who have been granted Full-Time status with effect
from 31.12.2009 approached the Government for Full-Time
status with effect from the date of their appointments. In
terms of Ext.P12 order, Government have considered their
claim, and in the light of Ext.P7 and similar orders, granted
Full-Time status to them with effect from the date of their
appointments. It was, however, directed in Ext.P12 order that
monetary benefits will be disbursed to them only from January,
2005. Earlier, a similarly placed teacher who is included in
Ext.P6 order approached the Government for identical relief
and the said request was rejected by the Government in terms
of an order passed on 17.11.2017. The said order was under
challenge before this Court in W.P.(C) No.23163 of 2018. It is
seen that in the light of Ext.P12 order, this Court allowed the
said writ petition, quashed the order impugned therein and
directed the respondents to grant the benefit granted to those
covered by Ext.P12 order. As the petitioner therein had retired
from service by then, it was directed that his pensionary
benefits shall be recomputed and disbursed in the light of the
decision in the writ petition.
3. The petitioners are persons identically placed
like the teachers who are covered by Ext.P12 order as also the
petitioner in W.P.(C) No.23163 of 2018. They have approached
the Government for relief identical to Ext.P12. The said
request was however turned down by the Government in terms
of Ext.P15 order. The writ petition was one instituted
challenging Ext.P15 order. Having regard to the fact that the
petitioners in the writ petition and the petitioner in W.P.(C)
No.23163 of 2018 are identically placed, this Court disposed of
the writ petition holding that the petitioners are also entitled to
the benefits granted to the petitioner in W.P.(C) No.23163 of
2018, and directed the respondents to extend the same to the
petitioners. The respondents are aggrieved by the said
decision of the learned Single Judge and hence, this appeal.
4. Heard the learned Government Pleader as also
the learned counsel for the petitioners in the writ petition.
5. The fact that the petitioners in the writ petition
and the teachers covered by Ext.P12 order as also the
petitioner in W.P.(C) No.23163 of 2018 are identically placed
and that all of them are teachers included in Ext.P6 order is not
in dispute. The contention raised, however, is that there is
delay on the part of the petitioners in raising the claim.
According to the learned Government Pleader, the basis of the
claim of the petitioners being Ext.P7 order issued by the
Government as early as on 6.4.2000, and the representation
on the basis of which Ext.P15 order was passed by the
Government being one preferred after Ext.P13 judgment, the
learned Single Judge ought not have entertained the writ
petition and should have dismissed the writ petition on the
ground of delay and laches. The learned Government Pleader
has relied on the judgment of the Apex Court in Union of
India v. Tarsem Singh, (2008) 8 SCC 648, in support of the
said contention.
6. As noted, there is no dispute to the facts
narrated in the preceding paragraphs. Even though the
teachers covered by Ext.P12 order do not have any right as
such to claim full time status with effect from the date of their
appointment, it cannot be said that the relief extended to them
by the Government in terms of Ext.P12 order is one which
cannot be extended by the Government. As such, insofar as
the petitioners herein, the petitioner in W.P.(C) No.23163 of
2018 as also the teachers covered by Ext.P12 order are
similarly placed, they are entitled to be treated alike. In that
view of the matter, the petitioners are entitled to the benefits
granted to the teachers covered by Ext.P12 order as also to the
petitioner in W.P.(C) No.23163 of 2018 in terms of Ext.P13
judgment. Of course, this court can decline the relief claimed
by the petitioners on the ground of delay and laches. The only
question, therefore, is as to whether the claim of the
petitioners could be turned down on the ground of delay and
laches.
7. True, the very basis of the claim made by
some among the teachers included in Ext.P6 order to obtain an
order in the nature of Ext.P12 is Ext.P7 order. But the fact that
Ext.P12 is an order passed by the Government only on
28.02.2019 is not in dispute. As noted, a similar claim raised
by the petitioner in W.P.(C) No.23163 of 2018 was in fact
rejected by the Government earlier and the said writ petition
was one filed challenging the said order. It is during the
pendency of the said writ petition that Ext.P12 order has been
passed by the Government. It is in the light of Ext.P12 order
dated 28.02.2019 that this Court allowed W.P.(C) No.23163 of
2018 and directed the respondents to extend the same
benefits to the petitioner therein also in terms of Ext.P13
judgment. Ext.P13 judgment was rendered by this Court on
27.06.2019. Ext.P15 order issued by the Government rejecting
the representation preferred by the petitioners indicates that
the petitioners have preferred the representation before the
Government claiming identical benefits on 16.07.2019 and the
representation was considered by the Government in the light
of Ext.P14 judgment of this Court. A perusal of Ext.P14
judgment indicates that this Court had issued a positive
direction to the Government to consider the representation
preferred by the petitioners in the light of a few judgments
including Ext.P13 judgment, which was rendered on
27.06.2019. Ext.P14 is the judgment rendered on 17.12.2019.
Ext.P15 order was passed on 03.08.2020 and the writ petition
was filed immediately thereafter on 07.10.2020. In the
circumstances, we do not find that the respondents have made
out a case of delay and laches on the part of the petitioners,
for this Court to refrain from extending to the petitioners the
benefits extended to identically placed persons.
The writ appeal is therefore, devoid of merits and
the same is, accordingly, dismissed.
Sd/-
P.B.SURESH KUMAR, JUDGE.
Sd/-
C.S.SUDHA, JUDGE.
ds 01.06.2022
APPENDIX
PETITIONER ANNEXURES
Annexure1 ANNEXURE A1
Annexure2 ANNEXURE A2
Annexure3 ANNEXURE A3
Annexure4 ANNEXURE A4
