Ramisha K.P vs The District Educational Officer
2022 Latest Caselaw 7171 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
       THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944

                    WP(C) NO. 5688 OF 2022

PETITIONER/S:

           FASNA K
           AGED 32 YEARS
           UPST, ERAVANNUR A.U.P.SCHOOL,
           NARIKKUNNI.P.O,
           AGED 32 YEARS, W/O.NOUFAL.M.S,,
           SHALIMAR HOUSE, PARANNUR.P.O,
           KOZHIKODE-673585.

           BY ADVS.
           JIJI THOMAS
           SMITHA MATHEW

RESPONDENT/S:

    1      STATE OF KERALA
           REPRESENTED BY THE SECRETARY,
           GENERAL EDUCATION DEPARTMENT,
           SECRETARIAT, THIRUVANANTHAPURAM-695001.

    2      THE DIRECT2022OR OF GENERAL EDUCATION,
           DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
           THIRUVANANTHAPURAM-695014.

    3      THE DISTRICT EDUCATIONAL OFFICER
           THAMARASSERY, KOZHIKODE.

    4      ASSISTANT EDUCATIONAL OFFICER,
           KODUVALLY, KOZHIKODE-673572.

    5      THE MANAGER,
           ERAVANNUR A.U.P.SCHOOL, NARIKUNNI.P.O,
           KOZHIKODE-673585.

    6      RAMISHA K P-UPSA,
           A.U.P.SCHOOL, ERAVANNUR, NARIKKUNNI.P.O,
           KOZHIKODE,PIN-673585.
 W.P.(C.) No. 5688 & Conn. Cases

                                  2


    7      RAMYA.S,
           SHIVAGEETHAM, PERUMPOYIL,
           KAKKOOR KOZHIKODE-673585.

    8      HEAD MASTER
           ERAVANNUR A.U.P.SCHOOL, NARIKUNNI.P.O,
           KOZHIKODE-673585.

           BY ADVS.
           TONY GEORGE KANNANTHANAM
           P.NANDAKUMAR
           AMRUTHA SANJEEV

           SMT NISHA BOSE SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.06.2022, ALONG WITH WP(C).6981/2022, 11493/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C.) No. 5688 & Conn. Cases

                                  3



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944

                    WP(C) NO. 6981 OF 2022

PETITIONER/S:

           REMYA S
           AGED 30 YEARS
           W/O VIPIN VIJAYAN,
           SIVAGEETHAM, PERUMPOYIL, KAKKUR P.O.
           KOZHIKODE-673 613.

           BY ADVS.
           P.NANDAKUMAR
           AMRUTHA SANJEEV
           VIVEK VIJAYAKUMAR
           SHEMA ELIZABETH SCARIA

RESPONDENT/S:

    1      DISTRICT EDUCATIONAL OFFICER
           THAMARASSERY, KOZHIKODE-673 573.

    2      ASSISTANT EDUCATIONAL OFFICER,
           KODUVALLY, KOZHIKODE-673 572.

    3      THE MANAGER,
           ALP & UP SCHOOL, ERAVANNUR,
           NARIKUNI, KOZHIKODE-673 585.

    4      THE HEADMASTER,
           ALP & UP SCHOOL, ERAVANNUR,
           NARIKUNI, KOZHIKODE-673 585.

    5      K. FASNA,
           LPST, ALP & UP SCHOOL, ERAVANNUR,
           NARIKUNI, KOZHIKODE-673 585.
 W.P.(C.) No. 5688 & Conn. Cases

                                  4


    6      K.P.RAMISHA,
           UPST, ALP & UP SCHOOL, ERAVANNUR,
           NARIKUNI, KOZHIKODE-673 585.

           BY ADVS.
           TONY GEORGE KANNANTHANAM
           JIJI THOMAS
           R.K.MURALEEDHARAN
           SMITHA MATHEW


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.06.2022, ALONG WITH WP(C).5688/2022 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C.) No. 5688 & Conn. Cases

                                  5


            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                    WP(C) NO. 11493 OF 2022

PETITIONER/S:

           RAMISHA K.P.
           AGED 30 YEARS
           W/O. ANEESH, UPST, AUP SCHOOL,
           ERAVANNUR, NARIKKUNI, KOZHIKODE DISTRICT-673 585

           BY ADV R.K.MURALEEDHARAN

RESPONDENT/S:

    1      THE DISTRICT EDUCATIONAL OFFICER
           OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
           THAMARASSERY, KOZHIKODE DISTRICT-673 004

    2      THE ASSISTANT EDUCATIONAL OFFICER,
           OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
           KODUVALLY, KOZHIKODE DISTRICT-673 652

    3      THE MANAGER,AUP SCHOOL,
           ERAVANNUR, NARIKKUNI,KOZHIKODE DISTRICT-673 585

    4      K.FASNA
           AUP SCHOOL, ERAVANNUR, NARIKKUNI,
           KOZHIKODE DISTRICT-673 585

    5      REMYA.S.
           SIVAGEETHAM, PERUMPUYIL, KAKKUR P.O.,
           KOZHIKODE DISTRICT-673 613

           BY ADVS.
           P.NANDAKUMAR
           AMRUTHA SANJEEV

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.06.2022, ALONG WITH WP(C).5688/2022 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C.) No. 5688 & Conn. Cases

                                        6


                                  JUDGMENT

W.P.(C.) No. 5688/2022 is filed by Smt. K. Fasna, contending that she is

working as an Upper Primary School Teacher ("U.P.S.T") in the Eravannur

A.U.P School. In the petition filed by her, she asserts that she is a TTC holder

and was appointed by the 5th respondent, the Manager of the A.U.P School,

Eravannur as a Lower Primary School Teacher ("L.P.S.T") in an additional post.

However, Smt. S. Ramya, who is the petitioner in W.P.(C.) No. 6981/2022,

filed a representation before the Assistant Educational Officer ("AEO") that she

was wrongfully retrenched by the Manager and that she was entitled to

continue as U.P.S.T in the school. On the basis of the representation filed by

Smt. Ramya, the AEO has issued Ext. P11 order reinstating Ramya holding

that the retrenchment of the aforesaid teacher was illegal. Being aggrieved by

Ext. P11 order, though an appeal was preferred before the District Educational

Officer ("DEO"), the same was rejected upholding the decision taken by the

AEO. Challenging the order passed by the DEO, Smt. Fasna preferred a

revision petition before the Director General of Education ("DGE"), which is

stated to be pending. The solitary prayer in the writ petition is for the issuance

of directions to the 2nd respondent to consider the same and pass appropriate

orders.

W.P.(C.) No. 5688 & Conn. Cases

2 W.P.(C.) No. 6981/2022 is filed by Smt. S. Ramya, who is the 7th

respondent in W.P.(C.) No. 5688/2022, contending that she was appointed as

U.P.S.T by the Manger of the A.U.P. School, Eravannur against a regular

promotional vacancy. She asserts that after forwarding the proposal for

approval, she was informed that the appointment has been canceled and the

proposal for approval was withdrawn. After canceling the appointment, Smt.

Fasna, the petitioner in W.P.(C.) No. 5688/2020 who was originally appointed

as L.P.S.T was appointed in a place with retrospective effect as U.P.S.T. In

pursuance of the representation filed by Smt. Ramya before the AEO, an order

was issued directing the Manager to reinstate her forthwith. The appeal

preferred by Smt. Fasna before the DEO was also rejected. However,

challenging the order passed by the DEO, Smt Fasna has preferred a revision

petition before the DGE. On the ground of the pendency of the revision

petition, the Manager is not implementing the order passed by the DEO

reinstating Smt. Remya. It is in the aforesaid circumstances that W.P.(C.) No.

6981/2022 is filed seeking directions to the respondents 1 and 2 to take

immediate action against respondents 3 and 4 and also to direct them to

comply with the directions in Exts P7 and P8.

3. W.P.(C.) No. 11493/2022 is filed by Smt. Ramisha K.P.,

contending that she was appointed on 12.06.2018 in the Head Teacher W.P.(C.) No. 5688 & Conn. Cases

Vacancy ("HTV") by the Manager of the AUP School. However, her approval

was rejected on the ground that a protected teacher has to be appointed in

the said vacancy. While the petitioner was continuing without approval, she

was shifted to the vacancy of A.K. Snehalatha with effect from 01.06.2020

when the said teacher was promoted as headmistress. The post of HTV was

set apart for absorbing a protected teacher. The petitioner asserts that the

manager has submitted a declaration based on G.O.(P) No 4/2021/G.Edn

dated 06.02.2021 and therefore the petitioner, being the senior appointee, is

entitled to get her appointment approved. However, the AEO is refusing to

consider the proposal in view of the disputes between Smt. Remya and Smt.

Fasna. It is in the aforesaid circumstances that the petitioner has approached

this court seeking issuance of directions to the 2nd respondent to consider the

proposal for approval with effect from 15.07.2021 in the light of the

declaration submitted by the manager.

4. Since the petitioners assert entitlement for approval and inter se

seniority issues are also involved, all these writ petitioners are taken up with

the consent of all counsels and are disposed of by a common judgment.

5. I have heard the submissions advanced by Sri. R.K. Muralidharan,

the learned counsel appearing for the petitioner in W.P.(C.) No. 11493/2022,

Smt. Jiji Thomas Pambackal, the learned counsel appearing for the petitioner W.P.(C.) No. 5688 & Conn. Cases

in W.P.(C.) No. 5688/2022, Sri. P. Nandakumar, the learned counsel appearing

for the petitioner in W.P.(C.) No. 6981/2022 and the learned Government

Pleader.

6. Insofar as the disputes between Smt. Fasna and Smt. Ramya are

concerned, I find that a revision petition has already been filed by Smt. Fasna,

challenging the order passed by the DEO (Ext.P13 in W.P.(C) No.5688/2022)

and the same is pending before the DGE. Only after the resolution of the said

issue can the disputes between the parties be resolved. In W.P.(C)

No.11493/2022, this Court had passed an interim order directing the AEO to

take a decision on the proposal for approval (Ext.P5(c) in W.P.(C)

No.11493/2022), after considering whether the case of the petitioner can be

considered independent of the disputes between Smt. Ramya and Smt. Fasna.

I am of the view that in the facts and circumstances, for a complete resolution

of the issues involved, it would be proper for the DGE to take a decision on

the revision petition filed by Smt. Fasna and thereafter based on the same, the

AEO can take a decision on the request for approval of Smt. Ramisha K.P.

This course is acceptable to the learned counsel appearing for the petitioner as

well as the learned Government Pleader. After resolving the said issue, the

issue with regard to the inter se seniority can be decided by the educational

authorities.

W.P.(C.) No. 5688 & Conn. Cases

7. In view of the discussion above, the following directions are issued:

a) There will be a direction to the DGE, before whom

the revision petition (Exhibit P14 in W.P.(C.) No. 5688/2022) is

pending, to take an appropriate decision after affording an

opportunity to the petitioners, the Manager, and other affected

parties, if any.

b) A decision shall be taken expeditiously, in any event,

within a period of two months from the date of production of a

copy of this judgment.

c) After orders are passed by the DGE as directed above,

the AEO, Koduvally, shall take up the proposal for approval

(Ext.P5(c) in W.P.(C.) No. 11493/2022) based on the appointment

order and take a decision with notice to the affected parties and the

Manager. The decision as directed above shall be taken within a

period of one month from the date on which the order passed by

the DGE is produced before the said authority.

d) If no stay has been ordered by the DGE in the

revision petition filed by Smt. Fasna, the respondents 3 and 4 in

W.P.(C) No.6981/2022 shall implement Ext.P7 and P8 in the writ W.P.(C.) No. 5688 & Conn. Cases

petition. Orders shall be passed within a period of two weeks from

the date of production of a copy of this judgment. However, the

said order shall be subject to the final orders to be passed by the

DGE as directed above.

These writ petitions are disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

avs W.P.(C.) No. 5688 & Conn. Cases

APPENDIX OF WP(C) 6981/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF ORDER DATED 15.7.2021 ISSUED BY THE 1ST RESPONDENT

Exhibit P2 TRUE COPY OF THE ONLINE APPLICATION FOR APPROVAL OF THE APPOINTMENT OF THE PETITIONER

Exhibit P3 TRUE COPY OF LETTER DATED 28.7.2021 ISSUED BY THE H.M IN CHARGE OF THE SCHOOL

Exhibit P4 TRUE COPY OF PROCEEDINGS OF THE 3RD RESPONDENT DATED 20.7.2021

Exhibit P5 TRUE COPY OF REPRESENTATION DATED 28.7.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

Exhibit P6 TRUE COPY OF JUDGMENT DATED 27.8.2021 IN WPC NO 17300 OF 2021

Exhibit P7 TRUE COPY OF ORDER DATED 16.11.2021 ISSUED BY THE 2ND RESPONDENT

Exhibit P8 TRUE COPY OF ORDER DATED 5.2.2022 ISSUED BY THE 1ST RESPONDENT

Exhibit P9 TRUE COPY OF LETTER DATED 14.2.2022 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT

Exhibit P10 TRUE COPY OF LETTER DATED 21.2.2022 ISSUED BY THE 4TH RESPONDENT

RESPONDENT EXHIBITS

Exhibit R5(A) TRUE COPY OF THE INVESTIGATING REPORT NO.

35/CCPS/PTN/21/D OF THE CYBER CELL ISSUED TO THE 3RD RESPONDENT DATED 03/02/2022 W.P.(C.) No. 5688 & Conn. Cases

Exhibit R5(B) TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE MANAGER BY THE PETITIONER DATED 26/07/2021

Exhibit R5(C) TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE MANAGER BY THE PETITIONER DATED 27/07/2021

APPENDIX OF WP(C) 11493/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER IN FORM 27 DATED 12.06.2018

Exhibit P2 A TRUE COPY OF THE JOINING REPORT TO THE 2ND RESPONDENT DATED 12.06.2018

Exhibit P3 A TRUE COPY OF THE PROCEEDINGS NO.

05/2021 OF THE 3RD RESPONDENT DATED 15.03.2021

Exhibit P4 THE PRINTOUT OF THE UPLOADED DETAILS OF THE PETITIONER I THE VACANCY FROM 01.06.2020

Exhibit P5 TRUE COPY OF THE GO 9RT) NO.3287/2021/G.EDN DATED 06.07.2021 ISSUED BY THE 1ST RESPONDENT

Exhibit P5A TRUE COPY OF COVERING LETTER OF THE MANAGER DATED 15.07.2021

Exhibit P5B TRUE COPY OF THE JOINING REPORT BY THE HEADMISTRESS TO THE 2ND RESPONDENT DATED 15.07.2021

Exhibit P5C THE PRINTOUT OF THE UPLOADED DETAILS OF THE PETITIOENR ON 15.07.2021 IN THE VACANCY AROSE ON 01.06.2020 W.P.(C.) No. 5688 & Conn. Cases

Exhibit P6 A TRUE COPY OF THE APPOINTMENT ORDER OF THE 3RD RESPONDENT DATED 15.07.2021 IN FAVOUR OF THE 5TH RESPONDENT

Exhibit P7 A TRUE COPY OF THE ORDER NO.02/JULY/AUPS-ESTT/202 OF THE 3RD RESPONDENT DATED 20.07.2021

Exhibit P8 A TRUE COPY OF THE JUDGMENT IN WPC NO.17300/2021 DATED 27.08.2021

Exhibit P9 A TRUE COPY OF THE ORDER NO.B/1399/2021 OF THE 2ND RESPONDENT DATED 16.11.2021

Exhibit P10 A TRUE COPY OF THE ORDER NO.B2/6497/2021 ISSUED BY THE 1ST RESPONDENT DATED 05.02.2022

APPENDIX OF WP(C) 5688/2022

PETITIONER EXHIBITS

Exhibit P1 A COPY OF THE APPOINTMENT ORDER DATED 15-07-2019

Exhibit P2 A COPY OF THE RESIGNATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 31/05/2021

Exhibit P3 A COPY OF THE REJECTION ORDERS OF AEO DATED 16/06/2021

Exhibit P4 A COPY OF THE APPEAL SUBMITTED BY THE 5TH RESPONDENT BEFORE THE DGE

Exhibit P5 A COPY OF THE APPOINTMENT ORDER OF 7TH RESPONDENT DATED 15/07/2021

Exhibit P6 A COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 15/07/2021 W.P.(C.) No. 5688 & Conn. Cases

Exhibit P7 A COPY OF THE COMPLAINT DETAILS AGAINST THE 7TH RESPONDENT IS PENDING BEFORE THE CYBER CELL DATED 13/9/2021.

Exhibit P8 A COPY OF THE PROCEEDINGS OF REVOCATION OF APPOINTMENT AGAINST THE 7TH RESPONDENT DATED 20/07/2021.

Exhibit P9 A COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 16-07-2021

Exhibit P10 A COPY OF THE REPRESENTATION SUBMITTED BY THE 7TH RESPONDENT BEFORE THE AEO DATED 28/07/2021

Exhibit P11 A COPY OF THE REINSTATEMENT ORDER OF AEO DATED FOR THE 7TH RESPONDENT 16/11/2021

Exhibit P12 A COPY OF THE JUDGMENT IN WRIT PETITION NO.26420/2021 DATED 24/11/2021

Exhibit P13 A COPY OF THE ORDER OF DEO DATED 05/02/2022

Exhibit P14 A COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE DGE DATED 11/02/2022 (WITHOUT ANNEXURE).

RESPONDENT EXHIBITS

Exhibit R7(a) True copy of judgment dated 27.08.2021 in WP(C)No. 17300 of 2021

Exhibit R7(b) True copy of letter dated 15.03.2022 issued by the District Police Chief, Kozhikode Rural

Exhibit R7(c) True copy of revision petition dated 13.03.2022 submitted by the 5th respondent before the 1st respondent