Muneer U.P vs State Of Kerala
2022 Latest Caselaw 6623 Ker

WP(C) NO. 7380 OF 2022        1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                     WP(C) NO. 7380 OF 2022
PETITIONER:
          MUNEER U.P
          AGED 36 YEARS
          LPSA, AAHM LP SCHOOL, KUTTOOR NORTH P.O., MALAPPURAM
          DISTRICT, PIN - 676 305.

          BY ADVS.
          GEORGE ABRAHAM
          JOBY D JOSEPH


RESPONDENTS:
     1    STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT
          OF GENERAL EDUCATION, SECRETARIAT,
          THIRUVANANTHAPURAM. PIN - 695 001.
    2     DIRECTOR OF GENERAL EDUCATION
          JAGATHY, THIRUVANANTHAPURAM - 695 014.
    3     DISTRICT EDUCATIONAL OFFICER
          OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, TIRUR -
          676 101.
    4     ASSISTANT EDUCATIONAL OFFICER
          OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, VENGARA
          - 676 304.
    5     MANAGER
          AAHM LP SCHOOL, KUTTOOR NORTH P.O., MALAPPURAM
          DISTRICT, PIN - 676 305.
          BY ADV T.K.SAJEEV

          SMT NISHA BOSE, SR GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 7380 OF 2022            2

                                 JUDGMENT

The petitioner contends that he was appointed as LPSA at the AAHM LP

School, Kuttoor North, in a permanent vacancy when Smt.Asmabi.T was

relieved from service when she got an appointment through the Kerala Public

Service Commission. He states that he joined the school on 19.10.2009.

However, the appointment of the petitioner was effected only on a daily wage

basis for the period from 19.10.2009 to 31.05.2010 and from then onwards,

the same was approved on a regular basis. The matter was challenged before

the Government but the same was rejected by Ext.P7 order. The petitioner

contends that the order of rejection cannot be sustained as the Government

relied on G.O(P) No.56/11/G.Edn. dated 26.02.2011 for passing the said order.

According to the petitioner, in view of the law laid down by this Court in Nair

Service Society v. State of Kerala and Others (2013 KHC 723) and also

the law laid down in State of Kerala v. Sneha Cherian and Others (2013

(1) KHC 660), the said order cannot be sustained. It is further submitted that

the petitioner was not afforded an opportunity of being heard before passing

the order and hence the principles of natural justice have been violated. It is

on these contentions that the petitioner is before this Court seeking to quash

Ext.P4 and P7 orders and for a further direction to the respondents to approve

the appointment on a scale of pay basis.

2. I have heard the learned counsel appearing for the petitioner and

the learned Government Pleader.

3. Ext.P7 is the order passed by the Government rejecting the

revision petition filed by the Manager. The same is a one line order and the

only reason stated is that in view of G.O(P) No.56/11/G.Edn. dated

26.02.2011, the request made by the Manager cannot be sustained. It is fairly

submitted by the learned Government Pleader that none of the stakeholders

were heard by the Government before passing the impugned order.

Furthermore, the Government had no occasion to consider the implications of

the law laid down in Sneha Cherian (supra) and in NSS (supra) before

passing the said order. In that view of the matter, I am of the considered

opinion that interference is warranted.

Resultantly, Exts.P4 and P7 will stand set aside. There will be a direction

to the 1st respondent to reconsider the matter in the light of Sneha Cherian

and NSS (supra) and pass fresh orders, after affording an opportunity of being

heard to the petitioner and the 5th respondent. Orders shall be passed

expeditiously, in any event, within a period of three months from the date of

receipt of a copy of this judgment.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE IAP

APPENDIX OF WP(C) 7380/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 19/10/2009.

Exhibit P2 TRUE COPY OF THE STAFF FIXATION ORDER DATED 24/5/2010.

Exhibit P3 TRUE COPY OF REVISION FILED BY THE MANAGER DATED 25/6/2010.

Exhibit P4 TRUE COPY OF THE ORDER OF DIRECTOR OF GENERAL EDUCATION DATED 10/8/2011.

Exhibit P5 TRUE COPY OF JOINING REPORT ISSUED BY THE HEADMASTER OF THE SCHOOL DATED 1/12/2009

Exhibit P6 TRUE COPY OF THE REVISION SUBMITTED BY THE MANAGER BEFORE THE 1ST RESPONDENT DATED 12/8/2011.

Exhibit P7 TRUE COPY OF THE ORDER PASSED BY THE GOVERNMENT DATED 29/6/2012

RESPONDENTS' EXHIBITS:

NIL