Kerala High Court
Jithin Lal C vs State Of Kerala on 1 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 11896 OF 2022
PETITIONER/S:
SHANA K.P
AGED 37 YEARS
LOWER PRIMARY SCHOOL TEACHER (LPST),
NAMBRATHKARA U.P.SCHOOL, NADUVATHUR P.O.,
KOZHIKODE-673620.
BY ADVS.
S.M.PREM
H.NARAYANAN
P.RAMACHANDRAN (PALAKKAD)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM -695001.
2 DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THYCAUD P.O., THIRUVANANTHAPURAM-695014.
3 DISTRICT EDUCATIONAL OFFICER,
VATAKARA, MINI CIVIL STATION,
VATAKARA, KOZHIKODE-673101.
4 ASSISTANT EDUCATIONAL OFFICER,
MELADI, VATAKARA, KOZHIKODE-673522.
5 MANAGER, NAMBRATHKARA U.P.SCHOOL,
NADUVATHUR P.O., KOZHIKODE-673620.
SMT SABEENA P ISMAIL GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.06.2022, ALONG WITH WP(C).12016/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) NOs. 11896 & 12016 OF 2022
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 12016 OF 2022
PETITIONER/S:
JITHIN LAL C.
AGED 32 YEARS
LOWER PRIMARY SCHOOL TEACHER (LPST),
NAMBRATHKARA U.P.SCHOOL, NADAVATHUR P.O.,
KOZHIKODE - 673 620.
BY ADVS.
S.M.PREM
P.RAMACHANDRAN (PALAKKAD)
H.NARAYANAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 DIRECTOR OF GENERAL EDUCATION
JAGATHY, THYCAUD P.O.,
THIRUVANANTHAPURAM - 695 014.
3 DISTRICT EDUCATIONAL OFFICER
VATAKARA, MINI CIVIL STATION,
VATAKARA, KOZHIKODE - 673 101.
4 ASSISTANT EDUCATIONAL OFFICER
MELADI, VATAKARA, KOZHIKODE - 673 522.
5 MANAGER
NAMBRATHKARA U.P.SCHOOL,
WP(C) NOs. 11896 & 12016 OF 2022
3
NADUVATHUR P.O., KOZHIKODE - 673 620.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.06.2022, ALONG WITH WP(C).11896/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) NOs. 11896 & 12016 OF 2022
4
JUDGMENT
These Writ Petitions have been preferred by two Teachers who have
been working as Lower Primary School Teachers (LPSTs) in the
Nambrathakara U.P. School, an aided Upper Primary School governed by the
provisions of Kerala Education Act and the Rules framed thereunder.
2. The petitioner in W.P(C.) No. 11896 of 2022 contends that she
was appointed as LPSA on 12.06.2018 against a retirement vacancy as per
Ext.P1 appointment order dated 12.6.2018. The petitioner in the W.P(C.) No.
12016 of 2022 on the other hand was appointed on 15.06.2017 as LPSA
against a retirement vacancy as per Exhibit P1 produced therein. Though the
documents were forwarded to the Assistant Educational Officer (AEO) for
approval, the same was declined. In these circumstances, the Manager
preferred separate appeals before District Educational Officer (DEO) and in
terms of the directions issued, the appeals were disposed of by Exhibit P3
produced in the writ petitions. In the order rejecting the appeals, two
reasons are stated.
a) A senior teacher, namely, Sri. V. Vivek, who had been appointed
earlier as LPST has not been granted approval.
b) The dispute with regard to the management of the school is
WP(C) NOs. 11896 & 12016 OF 2022
pending before this Court in a writ petition filed as W.P(C.) No. 3513 of 2020
and only after disposal of the said writ petition, can the grant of approval be
considered.
3. The petitioner contends that W.P.(C.) No. 3513 of 2020 was
disposed of by this Court on 22.03.2020 by quashing the order impugned and
the matter was relegated to the Under Secretary to take a call on the
complaint filed by one Raghavan. In view of the above, the second reason
cannot be sustained. The petitioner also states that pursuant to orders issued
by this Court, the 4th respondent has issued Ext.P6 order dated 15.2.2022
approving the appointment of Sri. V. Vivek as LPST with effect from
01.06.2017. According to the petitioner, in view of the above, the reasons
stated in the orders impugned to reject the approval of the appointment
cannot be sustained.
4. The learned Government Pleader fairly submitted that while passing
the impugned orders, the fact that the writ petition had been disposed of and
that Sri. Vivek had been granted approval was not brought to his notice. It is
also submitted that if the petitioners herein are qualified and if there are
established posts, the request made by the petitioners can be considered and
appropriate orders can be passed.
WP(C) NOs. 11896 & 12016 OF 2022
5. Having considered the submissions advanced, I am of the view
that the writ petition can be disposed of by issuing the following directions.
a) Exhibit P3 orders produced in these writ petitions will stand
quashed.
b) There will be a direction to the 3rd respondent to reconsider the
matter in the light of the observations above and Ext.P6 produced in W.P.(C)
No.11896/2022 and pass fresh orders, in accordance with the law, in any
event, within a period of two months. The respondent shall consider whether
there are established posts and the petitioners have the requisite qualification
while reconsidering the request for approval.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
avs
WP(C) NOs. 11896 & 12016 OF 2022
APPENDIX OF WP(C) 12016/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF APPOINTMENT ORDER DATED
15/06/2017 ISSUED BY THE 5TH RESPONDENT -
MANAGER APPOINTING THE PETITIONER AS LPSA.
Exhibit P2 TRUE COPY OF JUDGMENT DATED 04/08/2021 IN
WP(C) NO.15591 OF 2021.
Exhibit P3 TRUE COPY OF ORDER NO.B5/4833/2021/K.DIS.
DATED 16/02/2022 ISSUED BY THE 3RD RESPONDENT
- DEO REJECTING THE APPEAL FILED BY THE 5TH
RESPONDENT - MANAGER.
Exhibit P4 TRUE COPY OF ORDER NO.K.DIS. B5/6240/2019
DATED 28/05/2021 ISSUED BY THE 3RD RESPONDENT
- DEO.
Exhibit P5 TRUE COPY OF ORDER DATED 02/02/2022 PASSED IN
WP(C) NO.27028 OF 2021.
Exhibit P6 TRUE COPY OF ORDER NO.D/109030/2020 DATED
15/02/2022 PASSED BY 4TH RESPONDENT - AEO
APPROVING THE APPOINTMENT OF SRI.VIVEL V. AS
LPST WITH EFFECT FROM 01/06/2017.
WP(C) NOs. 11896 & 12016 OF 2022
APPENDIX OF WP(C) 11896/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF APPOINTMENT ORDER DATED 12.6.2018
ISSUED BY THE 5TH RESPONDENT- MANAGER
APPOINTING THE PETITIONER AS LPSA.
Exhibit P2 TRUE COPY OF JUDGMENT DATED 4.8.2021 IN WP(C)
NO.15631 OF 2021.
Exhibit P3 TRUE COPY OF ORDER NO.B5/4833/2021/K.DIS.
DATED 16.2.2022 ISSUED BY THE 3RD RESPONDENT -
DEO REJECTING THE APPEAL FILED BY THE 5TH
RESPONDENT -MANAGER.
Exhibit P4 TRUE COPY OF ORDER NO. K.DIS.B5/6240/2019
DATED 28.5.2021 ISSUED BY THE 3RD RESPONDENT -
DEO.
Exhibit P5 TRUE COPY OF ORDER DATED 2.2.2022 PASSED IN
WP(C) NO.27028 OF 2021.
Exhibit P6 TRUE COPY OF ORDER NO.D/109030/2020 DATED
15.2.2022 PASSED BY 4TH RESPONDENT - AEO
APPROVING THE APPOINTMENT OF SRI.VIVEK V. AS
LPST WITH EFFECT FROM 1.6.2017.
